TERMS OF SERVICE
GENERAL TERMS
Nerdais.com (En adelante «Nerdais») gestiona este sitio web. En todo el sitio, los términos «nosotros», «nos» y «nuestro» se refieren en lo sucesivo a Nerdais. Nerdais ofrece esta página web, incluida toda la información, las herramientas y los servicios que se ponen en este sitio a disposición suya, el usuario, siempre y cuando acepte la totalidad de los términos, condiciones, políticas y avisos contemplados aquí.
Al visitar nuestro sitio y/o comprarnos algo, usted interactúa con nuestro «Servicio» y reconoce como vinculantes los siguientes términos y condiciones (denominados en lo sucesivo «Términos del servicio», «Términos»), incluidos aquellos términos y condiciones adicionales y las políticas que se mencionan aquí y/o disponibles por medio de hipervínculo. Estos Términos del servicio se aplican a todos los usuarios del sitio, incluyendo de manera enunciativa mas no limitativa los usuarios que son navegadores, proveedores, clientes, comerciantes y/o que aporten contenido.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
New features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You shall not transmit any worms or viruses or any code of a destructive nature.
Any breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5: PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor is accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please refer to our Return Policy.
SECTION 7: OPTIONAL TOOLS
We can provide you with access to third-party tools over which we neither monitor nor have any control nor input.
Usted reconoce y acepta que brindamos acceso a dichas herramientas «tal como se encuentran» y «según disponibilidad» sin garantías, representaciones ni condiciones de ningún tipo y sin ningún tipo de respaldo. No tendremos ninguna responsabilidad como consecuencia del uso que haga de herramientas opcionales de terceros o en relación a ellas.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services or features through the website (including the release of new tools and resources). These new features or services will also be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
Some content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party resources or websites, or for any other materials, products, or services of third parties.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9: USER COMMENTS, FEEDBACK AND OTHER COMMUNICATIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of a third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10: PERSONAL INFORMATION
The submission of your personal information through the store is governed by our Privacy Policy. To view our Privacy policy.
SECTION 11: ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Usted acepta expresamente que su uso del servicio o la imposibilidad de utilizarlo corre por su riesgo. El servicio y todos los productos y servicios que se le entregan a través del servicio (salvo que así lo especifiquemos nosotros) se ofrecen «tal como están» y «según disponibilidad» para su uso, sin ninguna representación, garantía o condición de ningún tipo, ya sea expresa o implícita, entre las que se incluyen todas las garantías implícitas o condiciones de comerciabilidad, calidad comercial, idoneidad para un propósito particular, durabilidad, título y no violación.
In no case shall Nerdais, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14: INDEMNIFICATION
"You agree to indemnify, defend and hold harmless Nerdais and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16: CHANGES AND RETURNS (RIGHT OF WITHDRAWAL)
For product returns, please refer to our Returns Policy.
The customer may choose between a product exchange or a full refund. The user will have 60 calendar days to make the return or exchange, starting from the date of receipt of the order. To request a return of the order within the indicated period of 60 calendar days (right of withdrawal), the user may exercise the right of withdrawal by sending an email to pedidos@nerdais.com indicating that you wish to exercise your right.
The refund of amounts resulting from the exercise of withdrawal will be made within the following 14 calendar days upon receipt of the product or upon presentation of proof of the product's return.
If it is a refund, Nerdais will return the purchase money via bank transfer to the account indicated by the customer or by crediting their credit/debit card.
In the event of an exchange, Nerdais will carry out the exchange and send it at no additional cost. If a product different from the one requested by the customer is delivered by mistake by Nerdais, the correct product will be delivered without any additional charge to the buyer.
The return costs due to withdrawal will be borne by the customer.
If the product is not returned in its original packaging, the item may suffer a depreciation and therefore a reduction or even total loss of the amount paid.
SECTION 17: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our judgment you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 18: ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any operating policy or rule that we have posted on this site or in respect to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreement, communication or proposal, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19: IDENTIFYING DATA
Nerdais is a business unit belonging to Alejandro Fernández Payno (NIF: 50887883-S), with registered office at C/Santa Quiteria 22, 1D, 28430, Alpedrete, Madrid.
SECTION 20: APPLICABLE LAW
These Terms of Service and any separate agreement by which we provide you Services will be governed and interpreted in accordance with the laws of Madrid, Spain.These Terms of Service will apply for Spain and EU countries.
SECTION 21: CHANGES TO THE TERMS OF SERVICE
You can review the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22: CONTACT INFORMATION
Inquiries regarding the Terms of Service should be directed to legal@nerdais.com.