Terms and conditions of sale

Clause 1 - General

This Website is owned by INDUSTRIAL MARTI DE RELOJERIA, SL, society of Spanish nationality, based at 12 Street del Pi, Barcelona (08002), and entered upon the Barcelona Commercial and Companies Register, at Volume 4373, Book 246, Section 3ª, Page 78, Sheet 5031, CIF No. B08608903.

By using this Website and/or placing an order, the Customer agrees to be bound by the Terms and Conditions of Sale and s/he acknowledges that previously s/he was a Customer of INDUSTRIAL MARTI DE RELOJERIA yet and s/he consent that the data remains part of a file of that Company.

Each physical person or legal entity that access to the Website shall hereinafter be referred to as “Customer” and, as a consequence, INDUSTRIAL MARTI DE RELOJERIA has given him, at his own petition, a username and a password to log on to the Website with the aim to make an Order Proposal. The Customer acknowledges that s/he has read and accepted the Terms and Conditions of Sale, the Privacy Policy and the Cookies Policy.

The Member guarantees that he or she is over 18 years old and all the powers and the capacity to grant the rights assigned herein. By placing an Order you confirm that you are at least 18 years old.

Clause 2 – Amendments

We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on the Website at the time you place your order.

Clause 3 - Information about the products and services

If, due to force majeure or other circumstances attributable to INDUSTRIAL MARTI DE RELOJERIA, the Product is totally or partially unavailable after the Order is made, the Company will inform to the Customer to its e-mail. In this case, the Company will offer to the Customer the possibility to replace the Product for another of a similar nature and features

Clause 4 - Placing an order and pricing information

The price of the Products that are offered in the Website does not include VAT, neither other applicable taxes, neither shipping costs. Those costs will be detailed once the Order Proposal has been accepted by INDUSTRIAL MARTI DE RELOJERIA. Will be then when INDUSTRIAL MARTI DE RELOJERIA will notify the Customer the total price, taxes and shipping costs included. A proforma invoice will be sent to the registered e-mail of the Customer, where s/he will find all the information abovementioned, as well as the conditions and form of payment that should be accepted by the Customer.

It shall be understood that the Customer accept the conditions and the Price of the Order once s/he has made the payment within the terms agreed on the proforma invoice.

The invoice of the Orders Proposal made from the Canary Islands and from outside the country will be without VAT, provided that INDUSTRIAL MARTI DE RELOJERIA sent the Order to the address provided by the Customer. Anyway, so that the Customer that is outside Spanish territory and form part of the European Union can benefit from the VAT exemption, s/he should be registered in the INTRASTAT system of his/her country.

INDUSTRIAL MARTI DE RELOJERIA reserves the right to modify the Products at any time. The Products will be invoiced at the current price at the time the Order Proposal is registered.

Moreover, INDUSTRIAL MARTI DE RELOJERIA reserves the right to modify, at any time and without prior consent, the Content of the Website, in all forms and compositions, the presentation and configuration of the Website, as well as the Terms and Conditions of Sale.

In any case, before the Order Proposal has been formalised (understanding as such that the Order has still not been paid), s/he can modify or desist of it.

Clause 5 - Conformity of products and payment

5.1. Once the Customer has placed the Order Proposal, s/he will receive an e-mail confirmation within a period of 24 hours following the date of the Order Proposal.

In any case, the prices and costs will remain accessible in the “My Account: Orders Proposal” section. While the Order Proposal is not accepted by INDUSTRIAL MARTI DE RELOJERIA, the Customer can modify, add new products or cancel the Order while these options remain active in the “My Account: Orders Proposal” section. When the Customer has modified, added new products or cancelled the Order, s/he will receive an e-mail where s/he will be informed about the new Order Proposal, which will invalidate the previous one.

The aforementioned Order Proposal will be send another time to INDUSTRIAL MARTI DE RELOJERIA that will review it, reserving the right to not accept it.

If accepted, INDUSTRIAL MARTI DE RELOJERIA will send to the registered e-mail of the Customer an invoice with the information, prices, taxes and costs duly detailed.

Nevertheless, the contract is deemed formalised only when the Customer has made the complete payment of the Price, taxes and shipping costs.

5.2. Delivery of the Order

After having accepted the Order Proposal and after it has been formalised (completely paid) by the Customer, INDUSTRIAL MARTI DE RELOJERIA is committed to deliver the Order in perfect state to the address provided by the Customer.

INDUSTRIAL MARTI DE RELOJERIA will not be responsible for the lack of deliverance of the Order caused by incomplete or erroneous information provided by the Customer that prevents the correct identification by the shipping company.

In case of failed delivery attempt at the address given by the Customer, the carrier will leave a notice indicating how to proceed to arrange a new delivery. If the Customer does not contact the shipping company within the time indicated, the Order will be returned to INDUSTRIAL MARTI DE RELOJERIA and the Customer will have to cover the return costs and any other cost associated.

At the time of the delivery of the Order the Customer must show the identity document to the carrier and sign the delivery note.

The delivery service is unavailable on Saturdays, on Sundays, and regional and national holidays.

The delivery is deemed to have been made once the Order has been handed over to the Customer to the delivery address which the Customer gives during the Order process.

Clause 6 – Guarantee

The Products have a 2-year guarantee, counting from the date of delivery to the Customer. If the Customer receives a package in bad condition or the packaging is tempered with or damaged before delivery, please refuse to accept, he will be obliged to inform about it to the shipping company.

The guarantee does not include, among other things, defects or damages caused by blows or impacts undergone during transportation or which have been used incorrectly or improperly by the Customer or by an unauthorised third person.

Clause 7 - Industrial and Intellectual Property Rights

The trademark “Nowley” is registered, being specifically prohibited the use or the register of the aforesaid trademark, or the trademarks of any other company of the Group, or any other similar sign likely to engender confusion about its origin or ownership, or that could take unfair advantage of its reputation or misappropriation of its efforts.

The domain name of the Website of Nowley is also registered, being the only and legitimate owner INDUSTRIAL MARTI DE RELOJERIA. It is expressly forbidden the register by a third party of any domain name that contains the trademark “Nowley” or any other propriety of any of the related companies.

INDUSTRIAL MARTI DE RELOJERIA hold all the rights about the content, design and source code of the Website including, but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names and information that, in general, are included in the Website.

It is expressly forbidden the total or partial reproduction of this Website or any of its contents, without the previous and express consent of INDUSTRIAL MARTI DE RELOJERIA.

Also, it is expressly forbidden the copy, reproduction, manipulation, modification, distribution, sale, public communication or any other use which may come into conflict with the intellectual and/or industrial property rights owned by INDUSTRIAL MARTI DE RELOJERIA.

Clause 8 - Risk of loss

All items purchased from our Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Clause 9 - Applicable law and disputes

By using this service, you agree that the laws of Spain will govern these Terms and Conditions of Use and any dispute or claim that might arise between the parties. In any case, in the event of any dispute, please contact INDUSTRIAL MARTI DE RELOJERIA in order to attempt to reach a friendly solution.

If any of these Terms and Conditions of Use shall be deemed invalid, void or for any reason enforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

DATA PROTECTION AND PRIVACY POLICY

The Company will collect personal data that you submit to offer a better service, to process orders or to contact our Customer. In addition and with the same aims, the Customer gives its consent to transfer his/her personal data to other companies of the Group.

The Company use cookies to store your choice of start page and to store your details when you log in. The Company also use cookies to enhance and simplify your visit. We do not use cookies to store personal information or to disclose information to third parties.

The access to the Website, as well as the use that could be done of the information included and its contents, will be exclusive and excluding responsibility of its user. It is strictly prohibited the use of this Website with unlawful or non authorised purposes.

INDUSTRIAL MARTI DE RELOJERIA does not assume any responsibility for the hyperlinks to third-party websites that could be contained in this Website. The Company does not control any third-party site and is not responsible for the content or use of any linked third-party website or any hyperlink in a linked-to website. The Company have no liability to any entity for the content available through such hyperlink.

The Company endeavours to respect the confidentiality to any personal data provided directly by the Customers on the Website and that data will be incorporated inthe Data File owned by the Company with the only purpose of carrying out the management of the Website and the contractual relationship between the Parties. Moreover, the Customer consent the treatment and communication of the data between companies belonging to the same group with marketing, advertising or promotional purposes.

The Customer may exercise his/her right of access to the file, his/her right of opposition, his/her right of rectification or deletion with regard to any personal data about him/her by sending a request by post to the following address: INDUSTRIAL MARTI DE RELOJERIA, Calle del Pi, nº 12, 08002 Barcelona.