1. Who are you trading with?

Nordkap Living Spa y Baño S.L

Nordkap Living

Address: Calle Violeta No. 1

29651, Mijas, Malaga

Spain

+34 683 427 904

Mail: bt@nordkapliving.es

Nordkap Living can be contacted by phone on weekdays from 10 am to 5 pm and Saturdays from 10 am to 2 pm. The office is closed on Sundays and during holidays.

2. About our products

Products from nordkapliving.es are sold for the price specified on the product pages, and any shipping costs will be added to this price. The prices on the web page are daily prices, and VAT is included in these prices. Special offers are daily prices and do not apply retrospectively.

Nordkapliving.es strives to maintain inventory information in the best possible way. However, we cannot guarantee that an item, that is in stock, has not been sold out moments ago. Therefore, an online order is only binding once we have sent an order confirmation.

An item that is listed on nordkapliving.es as a stock item is in stock at the main warehouse as standard.

Therefore, Nordkapliving.es reserves the right to sold out items and possible price changes that may occur from nordkapliving.es’ reorder of goods. The exhibition of items on nordkapliving.es is not an offer, but an invitation to make an offer. Therefore a binding agreement has not been made until we have had the opportunity to check stock status and you have received an order confirmation.

No goods are shipped without prior payment. Your payment must be visible in our system, and the amount will be deducted on the same day as the item is shipped.

3-year warranty

Nordkapliving.es offers a 3-year warranty on all items with the exception of inflatable spas, demo and exhibition models or products, that have been moved from their original installation or is transferred to a third party.

Special offer items

Nordkapliving.es occasionally has special offers on selected items. The price will be lowered, but the item is still, with the exceptions mentioned above, covered by the 3-year warranty.

Demo products

Demo products from Nordkapliving.es are items, that have been set up in the exhibition or are encumbered with small errors, production defects or similar. It can also be an item returned by another costumer, that have used his/hers right of withdrawal for online purchases. Nordkapliving.es do not sell used items. Demo products are sold at reduced prices and are sold with normal right of complaint in accordance with the provisions of the Sale of Goods Act. Demo products are never covered by the 3-year warranty.

The goods will be shipped immediately after order confirmation. Usually the same day or the following work day, depending on the time of receipt of the order. For items that require assembly or testing, the item will be sent 2-3 days after the order confirmation.

When picked up at the warehouse, the delivery cost is waived. The exception to this is spas, which all undergo refining and testing at the main warehouse. For financial reasons, we can only carry out processing and testing at the main warehouse.

Shipping costs:
For goods that are to be shipped, a delivery cost is charged. The price appears on the product card, as well as in the tables of the shopping basket .

Packing several items:
If ordered goods can be packed together in a sensible way, only freight is paid for whole pallets. The possibility of packing the items together is highly dependent on the nature of the items.

Excess payment for shipping will be deducted from the amount reserved on the card. If too much freight has been deselected in the shopping cart, post-payment will be charged before the item is sent.

Delivery date and time:
The goods are sent by freight forwarder or as parcel post. It is possible to specify a desired delivery date in the shopping cart.
Nordkapliving.es will, if at all possible, comply with the desired delivery day.

The item is delivered to the carrier the day before the desired delivery date.
The carrier delivers approx. 97% of all packages / pallets on the desired day.

Delivered only on weekdays within normal working hours (8 am – 4 pm), and only to the curb if the item is shipped by freight forwarder. Nordkapliving.es has no influence on delivery time on the day itself, this is dependant on the carrier’s route.

It is therefore only the freight forwarder’s decision when the item is delivered during the day.

It is a prerequisite that delivery can be done by truck. In addition, it requires a solid surface where the item is to be placed. Solid surfaces includes asphalt, concrete or tiles. Conversely, ral, soil or grass is not solid ground.

If the truck does not arrive, which is solely the driver’s decision, or if there is no solid ground, the goods will be delivered on solid ground as close as possible to the place of delivery.

Special transports:
For goods that require special conditions during transport, a separate price is agreed, which depends on the conditions during delivery (crane, location, etc.).

5. Recieving

IMPORTANT. When you recieve your purchase.

• Be home between 8 am and 4 om during the specified date.
• Upon arrival, check the pallet for damage and scratches.
• If you have any doubts regarding the condition of the item, you must sign “with reservations”.
• If there is damage, write immediately and without delay to info@Nordkapliving.es with photos of the damages and a copy of the invoice attached.

Note! If the carrier has to wait for a person to arrive upon delivery, the waiting time will be invoiced according to the carrier’s rates (hourly rates).

If you have stated in writing – on the order – that the item may be placed, the carrier can place the item at the agreed place. In this case, you as the recipient have full responsibility for the goods from the moment they are placed.

Note! Regardless of whether the item is sent or delivered from the warehouse, we recommend that the item is checked for any damage to the packaging upon receipt. If you sign without reservation, or if you allow the item to be placed, you are responsible for any visible transport damage that is discovered later.

If there is visible damage, sign for receipt with reservation and state on the consignment note what the reservation is. This reservation must be stated as precisely as possible, for example. “Missing package”, “Damage in the lower left corner” or “Smashed glass”. Most people have a mobile phone with a camera, and we recommend that you photograph the damage.

Important to know about glass products!

Nordkapliving.es is careful with packaging of glassware such as glass walls, shower screens and niche doors, but tensions can arise in glass that can trigger a later explosion. It is therefore extra important to see if there are signs of overload on the pallet and packaging when you receive glassware.
Be careful not to damage the packaging when unpacking, as it may need to be used when returning.

You can also order for later delivery or collection, however, Nordkapliving.es reserves the right to charge full or partial prepayment if the delivery / collection date is further in the future. In case of particularly long storage of ordered goods, storage rent may be charged.

7. Right of complaint and warranty

All goods are, as a minimum, covered by the provisions of the Purchase Act. The law prescribes a 24-month right of complaint, of which the first 6 months are considered a guarantee.

Warranty of the Purchase Act:
When receiving complaints under warranty, the burden of proof thus lies with Nordkapliving.es.

This means that, unless Nordkapliving.es proves that the product has been treated with gross negligence, we will be obliged to handle the complaint in the best possible way. This means that you can have it repaired, exchanged, get a reduction in the price or get your money back for the item, depending on the circumstances in the specific case.

The Complaints Act’s right of complaint:
The subsequent 18 months are covered by the warranty. Here the burden of proof shifts from the seller to the buyer. This means that you as the buyer must prove that the product has been defective from the moment of purchase, or that the item does not have a nature so that it lasts for use for a 2-year period. If this burden of proof has been lifted, you can have it repaired, exchanged, get a reduction in the price or get your money back for the item, depending on the circumstances in the specific case.

Nordkapliving.es 3-year warranty:
Please note that Nordkapliving.es has chosen to provide a 3-year warranty on the majority of our products. Remember that you must document your purchase when applying for a warranty. Save your invoice, as it is the documentation for your warranty. Without an invoice, the 3-year warranty lapses.

Complaints within a reasonable time
Remember that you must complain within a reasonable time after you have discovered an error or defect. In the event of a complaint about damage or defects, 2 months is usually considered a reasonable time. In special circumstances where a defect or damage is difficult to ascertain, such as a periodic error, reasonable time may be longer.

It is, of course, a requirement that the complaint is justified and that the damage / defect has not occurred due to incorrect use, installation or other damaging behavior.

Service team:
Nordkapliving.es has its own service team, which per phone can clarify most questions and problems. We will also send spare parts within a few days.

Please note that telephone service for products not purchased from Nordkapliving.es is not free. Likewise, in the case of extensive telephone service for goods without warranty or right of complaint, payment may be demanded.

The service telephone is open on weekdays between 10 am and 5 pm on phone number +34 683 427 904.

Outbound service:
Complaints that require a fitter’s visit are generally resolved within 10 working days (2 weeks). However, illness and holidays can prolong the waiting time.

The customer’s obligations when performing service
In connection with outbound service, it is the buyer’s obligation that there is free access to the product and that the fitter has space to work and carry out repairs. If you choose to bury, wall in or otherwise install the product so that there is no free access to service, it is the customer’s obligation to provide this access and workplace at his/her own expense.

If our fitters arrive at a complaint or service task where it is not possible to carry out the work, or the work is made more difficult, an invoice will be sent for any futile attendance or extra work caused by special working conditions, regardless of whether the complaint falls under warranty.

Return of goods in connection with service:
If, by written agreement with Nordkapliving.e’s service team, an agreement has been made to return the product, this must be done in a responsible manner. The place of delivery and procedure are agreed by contact per phone, and confirmed per mail. Remember, that the item must be properly packaged upon return and that you must enclose a detailed description of the problem.

8. If you regret your online purchase

You have a 14-day right of withdrawal when you buy online. This also applies to the online store Nordkapliving.es.

The right of withdrawal expires 14 days after the day you:

• recieve you items
• recieve the last item in a delivery spread over several times
• recieve the last partial delivery of a delivery in several packages

You must notify us within 14 days of receipt that you wish to cancel your purchase.

The notification must be made in writing to info@nordkapliving.es or by ordinary letter sent to Nordkap Living Spa y Baño S.L, Verónica 13, 29651 Mijas.

In your message, you must clearly state that you want to use your right of withdrawal and the purchase the message is regarding. You can also use our standard cancellation form attached to your order confirmation.

You can not use your right of withdrawal by refusing to receive the item without at the same time giving us clear, written notice that you regret your purchase. It is not possible to communicate through the freight forwarder – communication must be addressed directly in writing to Nordkapliving.es.

The following items are exempt from the right of withdrawal:

• Items made to measure or otherwise made according to your instructions
• Note: when buying in the physical store, there is no right of withdrawal, cf. the Purchase Act.

9. Returns

You must return the item(s) without undue delay and within 14 days of your notice of cancellation.

When returning in connection with cancellation, the following applies:

• you have full responsibility for the item until it is in our hands:
  • the item must be adequately packaged, preferably in original packaging
  • the product must be adequately secured against shocks and impacts during transport (correct pallet size, stand, etc.)
• you pay for shipping costs in connection with return
• We do not receive items per cash on delivery.

The item must be returned to:

Nordkap Living Spa y Baño S.L, Verónica 13, 29651 Mijas.

or the place of pick-up, if you have collected the item yourself.

Partial withdrawal

You can only cancel the total purchase, unless otherwise agreed. This means that all items on the same order must be returned upon cancellation.

Nordkapliving.es offers the option of partial cancellation for orders that include different product types that are not offered as a single product.

Partial cancellation may include e.g. a faucet purchased at the same time as a bath furniture, while the faucet of a whirlpool, which is an integral part of the product, is not covered.

If you choose to partially cancel, you will not be reimbursed for the transport cost of the order.

10. The condition of the item upon receipt after return

In the event of cancellation, the returned item must in principle appear as new. You are liable for any commercial deterioration of the item. This deterioration may be due to:

• handling other than what is necessary to determine the nature of the product, its characteristics and the way it works.
• packaging that has not been carefully opened, is missing or has been replaced by other packaging upon return.
• damage occurred during the return transport, loss etc. of the item etc.

In other words: you have the same right as in a physical store, to examine the item. If you try the product beyond that, it is considered commissioning, which means that the trade value of the product is impaired.

Especially for glassware: Glass has the property to store material stress, caused by shocks or blows, for a longer period of time. Shocks or blows during handling can cause spontaneous bursts, up to several months after the tensions have occurred, when some random event triggers them..

Therefore, it is very important that glassware is returned in the original packaging and that the packaging is as intact as possible, and without damage due to harsh behavior..

The further commercial value of glassware is assessed individually, based on the condition of the packaging and the risk of hidden damage due to the treatment of the glass..

11. Refund of the purchase price

When you regret your purchase, you will of course get your money back. In the event of an established impairment, this will be deducted from the amount.

We also reimburse the delivery costs (as they are stated on the website – if you have chosen to have the item sent in another way, you are responsible for the cost exceeding the standard delivery). You pay the return shipping yourself.

We will refund the purchase price without unnecessary delays, no later than 14 days after we have received your completed and signed cancellation form.

Nordkapliving.es reserves the right to wait with a refund until the returned goods have been received and the market value has been checked.

The trade value is defined as the price at which the item can be resold: the price of the item less depreciation if the item does not appear as it left the store. The impairment of torn packaging, missing packaging, scratches or the like will be deducted from the purchase price of the item. Any repair costs to make a returnable item salable are deducted in the same manner as other deteriorations.

12. Personal data policy

Registration of customer data

In connection with a completed transaction, Nordkapliving.es stores personal data in a database. This personal data includes the name and address of the buyer and recipient, as well as information about the order necessary to complete the transaction safely (IP address, browser type and time of order). This data is available to staff dealing with orders, with the exception of the IP address and browser type used exclusively for security checks.

Registration to receive newsletters

If you have agreed to receive newsletters from Nordkapliving.es, your email address is registered as such. You can stop subscribing to the newsletter at any time by writing to info@nordkapliving.es from the email address you receive the newsletter at with the message “I no longer want to receive Nordkapliving.es newsletter”.

Unless you have given consent to receive a newsletter, Nordkapliving.es will not contact you unsolicited per. mail except in connection with a trade and follow-up thereof.

Through third parties, Nordkapliving.es collects anonymous data for measuring performance. The purpose of this collection is to adapt the website and the items offered to the users’ shopping habits.

Registration of data for future development

For use in the future development of the website, the type of platform used is registered. This data is only available to the internal developer, and is used exclusively to ensure a good connection between your browser and the website.

Data collected on Nordkapliving.es is in no way passed on to others, and is only stored to the extent necessary. Data is not publicly available and will be deleted after 5 years at the latest.

Data responsibility

Data responsible for Nordkapliving.es is Nordkap Living Spa y Baño S.L. The data controller can be contacted at info@nordkapliving.es.

Do you want to delete your data?

You can have your data in the Nordkapliving.es database deleted at any time by contacting us. However, this does not apply to data for accounts that Nordkapliving.es is legally obliged to keep in connection with purchases on the website.

13. Opportunities for appeal

If you disagree with Nordkapliving.es about a trade, we ask you to write to info@nordkapliving.es.

We take complaints very seriously, and will process your complaint as soon as possible upon receipt. You can expect an answer within 3 working days.

From 15 February 2016, you can also use the EU Commission’s online complaints portal. You will find the complaints portal here: http://ec.europa.eu/consumers/odr/.

Complaints and disagreements take time to resolve, no matter which route of complaint you choose. You can not expect a solution here and now, as all parties must have time to find out what has happened and what should happen in the future. We are committed to finding quick solutions to justified complaints, as we in no way have the benefit of dragging cases out.