Terms and conditions

GENERAL TERMS AND CONDITIONS

www.nocapmarket.com (hereinafter, the Web) is a website owned by NOCAP MARKET SL, hereinafter THE OWNER, with CIF / NIF No: B72605918 and registered office at: C/ Pujades, 77, 79, Planta 8, 9 - B., C.P. 08005 - Barcelona (Barcelona).

The access, reproduction and use of the services of the Web requires the previous acceptance of the Conditions of Use in force in every moment; THE OWNER reserves the right to modify these Conditions when he considers it opportune, by means of the publication of the new text in the Web. It is responsibility of the user to know the Conditions of Use before acceding to the products and services of the Web; in case of not being in agreement with the same ones, please, refrain from using it.

PROPERTY

The Website is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, including html codes of the website, etc.), whose Intellectual Property belongs to THE OWNER, except for those materials obtained under license from third parties.

THE OWNER and its licensors retain at all times the Intellectual Property on the Website and on the different elements that compose it, individually considered, in all copies that are made (whatever the medium in which they are incorporated), granting them only the rights of use described below. Any right not expressly granted is understood to be reserved.

In addition to the above, THE OWNER is responsible for the selection, design of the structure and layout of the contents of the Website, as well as the one who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitising and presenting the same, corresponding to him, therefore, the protection that Article 12 and Title VIII of Book II of the Intellectual Property Law may grant on the website, considered as a database.

THE OWNER is also the sole owner of the design and graphic image of the Web, reserving the pertinent legal actions that may correspond to him against persons who carry out imitations or unfair uses of the same.

WEB CONTENT AND DOWNLOADS. PERMITTED AND PROHIBITED USES.

It's permitted:

  • Browsing the Web, that is to say, accessing and viewing it on a device, with any temporary or accessory reproduction being authorised, provided that this is not voluntary and forms an integral and essential part of the technological process of transmission. Browsing certain sections of the Website requires prior registration.

Benefit (prior registration), of the services and advantages provided by THE OWNER through the Website to its users, under the conditions expressly indicated in the different sections.

It is strictly forbidden:

  • Any operations with respect to the Web, its contents, downloaded products and copies of all of them that are contrary to the Law, good customs and good faith.
  • Any use outside the personal and private sphere, especially those for commercial or professional purposes, including the sending of advertising or messages and the collection and processing of third party data.
  • Any type of extraction, public communication and/or transmission, in whole or in part, by any means, outside the private sphere of permitted use and, in particular, their incorporation into any other work, including websites, collections or databases. Exceptions to this prohibition are the publication in the media of downloadable materials from the Press Room section.
  • The removal, concealment or falsification of the notices and warnings about the Intellectual or Industrial Property of the Website or any of the products provided through the same.
  • The operations and activities expressly prohibited in any other sections of these General Conditions and, in general, any that may harm the normal operation of the Website, other users or any third party.

The establishment of links and hyperlinks to the Web from other pages or websites is authorised, provided that they are not made in a way that damages the public and brand image of THE OWNER, of the Web or of any of the persons and products referred to therein. In the establishment of links to the Website it is expressly forbidden to use techniques that imply confusion about the identity and ownership of the contents, such as framing or others.

The establishment of links from pages or websites whose content promotes or advocates, directly or indirectly, any kind of violence, discrimination, pornography or illegal activity is prohibited. Likewise, the establishment of links for commercial purposes is expressly prohibited.
In the creation of links is expressly prohibited the use of elements taken from the Web, without the express prior consent of the OWNER.

Under no circumstances may it be understood that links to the Web from pages or websites of third parties imply relations of THE OWNER with the owners of these, nor imply endorsement, sponsorship or recommendation of THE OWNER on them, so THE OWNER shall not be liable in any way with respect to their content and legality.

CONTENT AND USER BEHAVIOUR

As a customer or user of the Web, you agree to make appropriate use of the content and services offered through the same and not to use them for:

Engage in activities that are illicit, illegal or contrary to good faith and public order.
2. Disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violates human rights.
3. Causing damage to the physical and logical systems of the OWNER, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
4. Disseminate content that damages the image and reputation of the OWNER or third parties.
5. Violate the rights of Intellectual Property, Industrial, image, honour or others that correspond to the OWNER or third parties.

THE OWNER will have full freedom to decide whether the contributions and messages are finally published on the Web or not, being empowered to withdraw them when it deems appropriate.

Infringement of any of the rules contained in these Terms of Use and, in particular, of the provisions of this clause, shall entitle THE OWNER to immediately remove the user or subscriber from the Website.

PAYMENT METHODS

We accept the following methods of payment:

  • IDEAL
    - Bancontact
    - Giropay
    - MasterCard
    - Visa
    - EPS
    - Apple Pay
    - Google Pay

SSL
Secure Sockets Layer (128-bit SSL security) uses Secure Sockets Layer (SSL) technology to provide you with the most secure shopping experience possible. SSL technology allows for the encryption (scrambling) of sensitive information, including passwords and Mastercard numbers, during your online transactions. All forms on our site are protected with SSL technology so that your personal information remains secure and out of malicious hands.

Stripe
Payment processing services for merchants on NOCAP Market are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. By agreeing to these terms or continuing to trade on NOCAP Market, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of NOCAP Market enabling payment processing services through Stripe, you agree to provide NOCAP Market with accurate and complete information about you, and you authorize NOCAP Market to share transaction information related to your use of the payment processing services provided by Stripe.

SHIPPING METHODS

  • Which countries does NOCAP Market ship to? 
    You can shop at NOCAP Market from any EU (European Union) country.
  • Shipping costs
    All shipping costs on our website are 20€.
  • Transit, handling and order time limit
    Shipments have a transit time of 7 to 12 days (Monday to Friday). The order handling time (Authentication) is 1 to 2 days (Monday to Friday).
  • Delivery conditions
    All our items are delivered via UPS (United Parcel Service).
  • Change of address
    We cannot change the delivery address when the package is in transit. If you wish to change the delivery address of your order, please contact us at support@nocapmarket.com within 24 hours of placing your order.
  • Cancellations
    If you change your mind about the product, it is possible to cancel your order. In that case, you can find all the information you need in our returns policy.
  • Packages damaged in transit
    If you discover that a package has been damaged in transit, we ask you, if possible, to refuse the package from the courier service and contact our customer service. If the package was delivered without you being present, you can also contact our customer service department to discuss the next steps.

DELIVERY TIMES

The delivery time for shipments made by NOCAP Market is: 7-12 working days.

RIGHT OF WITHDRAWAL

  • It's not possible to return items. If the Customer is not satisfied, he/she can resell the product through nocapmarket.com.
  • Cases in which returns are possible: incorrect size delivered by NOCAP Market and NOCAP Market cannot prove that it delivered the correct item, NOCAP Market has delivered an incorrect item and cannot prove that it delivered the correct item. In this case, the shipping costs will be borne by NOCAP Market.
  • If returns are possible according to the rules of article 6.2, the Buyer must do so within 14 working days. After these 14 days, NOCAP Market is no longer obliged to accept the item.
  • In case of delivery of an incorrect product, the Buyer is obliged to return the product to NOCAP's Market warehouse. NOCAP Market is authorised to assess whether a product has been delivered incorrectly. When NOCAP Market doesn't acknowledge the error, it's not obliged to accept returns.

LEGAL WARRANTY

In the event that the customer receives a wrong or damaged product, or in case of loss or damage of products by the transport company, the customer may request its return and/or replacement, within a period of time after the delivery of the product. In such a case, we undertake to assume the return shipping costs, we will collect the defective product and/or replace the missing product with another identical product at no additional cost to the customer.

NOCAP Market S.L. acts as an intermediary between buyer and seller, therefore, all our products are considered as second hand products because our suppliers are private sellers. NOCAP Market S.L. guarantees our customers that they will receive the product brand new, in its original packaging and previously verified by our team of experts in order to guarantee its authenticity.

FORGERY AND FRAUD

  • NOCAP Market only accepts brand new, authentic and undamaged products.
  • For counterfeit products or products that do not meet the standards, NOCAP Market will charge €25,-.
  • NOCAP Market is fully capable of determining when a product meets the standards and when it does not.

CONTACT BETWEEN NOCAP MARKET AND USER

  • By accepting these Terms and Conditions, the User agrees that NOCAP Market may store contact between NOCAP Market and the User.
  • NOCAP Market is solely responsible for communication between the User and the contact options designated on the Website.

AUTHENTICATION

  • NOCAP Market is authorised to reject products when they do not meet the stated requirements.
  • NOCAP Market's requirements for products are: undamaged, unused and authentic. NOCAP Market requires that products be delivered in their original, undamaged packaging with all accompanying items.

CUSTOMER SERVICE

To contact the customer service department, please contact the following e-mail address: support@nocapmarket.com. (8:00 - 18:00)

DATA PROTECTION

The information or personal data you provide will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us with are true and correspond to reality.

MODIFICATIONS

NOCAP Market S.L. reserves the right to carry out, without prior notice, the modifications it deems appropriate to the Web, being able to change, delete or add both the contents and services provided through the same, and the way in which they are presented or located.

Although NOCAP Market S.L. will make its best efforts to keep the information contained in the Web updated and free of errors, NOCAP Market S.L. does not offer any guarantee regarding its accuracy and up-to-dateness. Neither is the achievement of any specific result or purpose guaranteed, and therefore access to and use of the website is the exclusive responsibility of the users and clients.

LEGAL ACTIONS

NOCAP Market S.L. will pursue the breach of these Conditions of Use, as well as any undue use of the Web or its contents, the infringements of the rights that correspond to it or to its licensors, especially those of Intellectual and Industrial Property, exercising all the actions, civil and criminal, that may correspond to it in Law.

STRIPE

Payment processing services for Sellers on NOCAP Market are provided by Stripe and are subject to Stripe's Connected Account Agreement, which includes Stripe's Terms of Service. By agreeing to these terms or continuing to trade on NOCAP Market, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of NOCAP Market enabling payment processing services through Stripe, you agree to provide NOCAP Market with accurate and complete information about you, and you authorize NOCAP Market to share transaction information related to your use of the payment processing services provided by Stripe.

VARIOUS

  • NOCAP Market prohibits trading on behalf of the company. If anyone does so, NOCAP Market is completely exonerated.
  • NOCAP Market is entitled to amend the sales agreement and general terms and conditions at any time. However, these will only apply from the time the modifications are implemented.
  • By accepting the Terms and Conditions, NOCAP Market is entitled to contact you by email regarding the use of the Platform, offers or other information. NOCAP Market has the right at any time to discontinue the availability of the functionalities for the benefit of the offer of the Sellers on our website.


OUT-OF-COURT SETTLEMENT OF DISPUTES

Furthermore, under the terms set out in Article 14 of EU Regulation 524/2013 on the settlement of consumer disputes, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm.

APPLICABLE LAW AND JURISDICTION

For any controversy or dispute that may arise, arising from these terms or conditions, Spanish law shall apply. The resolution of legal disputes shall be subject to the jurisdiction of the Courts and Tribunals of the domicile of the user or customer.

 

 

 

 

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