General conditions of purchase

Use of the services or procurement of products at www.noene.com entails the acceptance of the following general conditions:

1.- Acceptance and availability of the General Conditions of Purchase

By accepting this contract, you declare:

a) That you are of legal age and have the capacity to enter into contracts;
b) That you have read and accept these general conditions.

These general conditions (hereinafter, ‘the General Conditions’) regulate the legal relationship deriving from the procurement procedures performed between users-clients (hereinafter ‘User’) of the e-Commerce website at https://www.noene.com belonging to COLPHARMA.

Users hereby accept the General Conditions from the moment they use, contract or acquire any product. Clients are free to print out and file this document. In the event of any modification to these General Conditions, COLPHARMA will always respect those that the user accepted at the time of making the purchase. As a consequence, users may send an e-mail to noene@colpharma.com with any questions they have concerning the General Conditions or request a copy of these from us should they mislay said conditions.

2. Modification of the General Conditions

To improve the services and products offered at www.noene.com, COLPHARMA may amend the General Conditions, duly notifying our Clients of such amendments sufficiently in advance. Once the General Conditions listed on the website www.noene.com have be amended, the aforementioned duty to give notification will be understood as fulfilled.

Under all circumstances, the General Conditions may be consulted before using the services or contracting products.

3.- Description of the products and services

Use of the website www.noene.com does not require the USER to be registered. To be able to choose from among the range of NOENE® articles, the user must go to the ‘Products’ section, then choose what they wish to purchase by clicking on the image and then clicking on ‘Add to shopping basket’. Once you have done this, you can continue to browse the NOENE® products catalogue or complete the purchasing process by first going to the ‘Shopping basket’ section in the top right of your screen, and then clicking on ‘Process order’.

A new screen will open, asking you to enter some personal details required to finalise the purchase, as well as the preferred method of payment. The screen will also display details of the shipping costs and the estimated delivery time of the order. Once the process has been completed, and having accepted the website privacy policy along with these general conditions of purchase, click on ‘Continue’ to open a new screen with a detailed order summary, including information on shipping costs and the estimated delivery time. You can confirm the order simply by clicking on the ‘Buy’ option, generating an automatic e-mail to be sent to you with a detailed order summary.

NOENE® hereby reserves the right to retain any order on security grounds, if it believes that the shipping and billing information cannot be verified. In this event, affected clients will be notified.

3.1 Sizes displayed on the website:

All sizes displayed in our online store are continental European sizes. If you have any doubts about converting to a North American or British size, see our table of equivalences for men and women.

3.2 Territorial scope of the service:

You can purchase at our online store from any country in the Europe. Our shipping services reach every country, although the destination countries in which we operate are those listed below:

  • Andorra
  • Austria
  • Belgium
  • Denmark
  • Finland
  • France
  • Germany
  • Greece
  • Ireland
  • Italy
  • Luxembourg
  • Netherlands
  • Norway
  • Spain
  • Sweden
  • Switzerland

3.3 Shipping, delivery times and tracking orders:

Deliveries will be made to any address in the countries listed at our online store. During the purchasing process, we will inform you which transport company will be delivering your order.
Once your order has been shipped, we will send you an email with a tracking number with which you can check the status of your order directly on the website of the appropriate transport company.

To avoid delivery incidents (wrong addresses, nobody at home, etc.), it is essential that you fill in the contact telephone number field.

Delivery times

Once the order leaves our warehouse, the estimated delivery time is from two to five working days. This is a guideline period, which will depend on the services of our logistics operators, the destination country and zone of the order and whether or not there any public holidays in the initially anticipated delivery time, which could represent an additional day’s delay with regard to the initial estimate. In this regard, shipments will be sent from Monday to Friday, except on public holidays.

Shipping costs:

Shipping costs are €6.

3.4 Prices

The prices displayed are always recommended retail prices, with all taxes included. Depending on the country, our prices are given in euros or pounds sterling.

3.5 Payment method

Payment may be made by credit or debit card (Visa, MasterCard, Visa debit and American Express), as well as PayPal.

– if payment is made by credit card, the amount of your order will be blocked and will not be charged and discounted from your credit until the order has shipped. Most banks permit this operation.

– If payment is made by debit card, the charge will be made automatically at the time of purchase.

We use a ‘secure payment’ system: encrypted data exchange through SSL of up to 256 bits and direct communication between the client and the bank as payment is with a bank card. This means that no person outside of ‘Banco Sabadell Atlántico’ can gain access to your card details.

– If payment is by PayPal, the charge is made against your PayPal account and your card as specified above.

3.6 Data modification

Any modification or change of data associated with the order made at our online store www.noene.com may be carried out by contacting our customer services department, either by sending an e-mail to noene@colpharma.com.

COLPHARMA also places the e-mail address noene@diafarm.com at your disposal to enable you to exercise your right to access, rectify, delete and oppose the use of your details.

3.7 Cancellations/Refunds
Cancellation

Is it possible to cancel order in case it has not been shipped yet. Note that the orders are shipped on the first working day after the purchase.

To cancel an order, please call our customer service to +39 0521 272544 o write to ordini-noene@colpharma.com.

In the order had already been shipped, it won’t be possible to cancel it, but you can surely return it back to us once received.

Returns

Once you get the product, but are not completely happy about it, and would you like to change it, you can return it within 15 days from receiving the order.

To proceed with the return, please verify that your order meets the following conditions:

  • The product should never been used
  • The product must be returned in the same conditions as delivered.

In case you don’t have the original packing, you have to replace it with another one with the same measures.

If these conditions are satisfied, NOENE® will refund you.

In case of a manufacturing defect, you will get the total refund within 10 working days.

All the costs for shipment, refunding and new sending of the product will be charged to the customer.

All the collect shipments will not be accepted.

Change of size

It is possible within 15 days from the receiving the order.

To proceed for a replace, please verify that your order meets the following conditions:

  • The product should have never been used.
  • The product must be returned in the same conditions as delivered.

In case you don’t have the original packing, you have to replace it with another one with the same measures.

All the costs for the shipment, refunding and new sending of the product will be charged to the customer.

All the collect shipments will not be accepted.

Fore more info or clarifications, you can always send an email to the customer service ordini-noene@colpharma.com or call us at +39 0521 27 25 44.

This contact is available on  Monday, Tuesday, Wednesday, Thursday and Friday from 9.00 am to 5pm, excluding Saturday and public holidays.

3.8.- Applicable Guarantee

All our products are guaranteed by law against manufacturing or quality defects for two years.

Our customer services department provides an after-sales service that responds swiftly and efficiently to our consumers, sorting out any problem you have with our articles or shipments. To this end you may resolve any problem concerning our products by sending an e-mail to noene@colpharma.com

3.9.- Product packaging

COLPHARMA reserves the right to send product packaging that differs from that displayed on the website, due to it being out of stock or having been changed.
Under no circumstance will a change in packaging represent any variation whatsoever in the product contained therein.

4.- Intellectual property

The contents supplied by COLPHARMA are subject to intellectual and industrial property rights and belong exclusively to COLPHARMA. By purchasing a product or service, COLPHARMA does not grant the purchaser any right to alteration, exploitation, reproduction, distribution or public dissemination of the same, and COLPHARMA hereby reserves all these rights. The assignment of these rights requires the prior written consent of COLPHARMA The client cannot make these contents available to third parties.

In addition to the content included at COLPHARMA, intellectual property extends to its graphics, logos, design, images and the programming source code.

5.- Use of the service and liabilities

COLPHARMA is not liable for the content of links to other websites that it does not own and which, consequently, cannot be controlled by this party.
Connection errors, acts of God and force majeure: COLPHARMA will not be liable for errors, access delays, delays in the system or any anomaly that could arise with regard to general problems with the Internet, causes of act of god or force majeure or any other completely unforeseeable contingency beyond the good faith of the company. COLPHARMA hereby undertakes to attempt to solve these incidents by all the means it has available and offering all support necessary to the USER to resolve incidents as swiftly and as satisfactorily as possible. By the same token, COLPHARMA will not be liable when the foregoing cause faults in communications, deletion or incomplete loading of pages, and does not guarantee that the website is operational at all times when this is due to issues not attributable to COLPHARMA and which this party is unable to solve with the means available to it.

Use of the website: Under no circumstances will COLPHARMA be liable for errors or damages caused through inefficient use and bad faith of the service by the User. Neither will COLPHARMA, S.A. be liable for major or minor consequences through lack of communication between COLPHARMA and the USER when this is because the e-mail address provided does not function or because of false data provided by the user when making a purchase at the online store of the website www.noene.com.

Liability:

COLPHARMA accepts the liabilities that could arise through provision of the services it offers, with the limits specified in the different General Conditions of Procurement of the services made available to the USER.

User’s Responsibility:

Good use of the service: The USER is obliged to make good use of the service and therefore not to use it in bad faith for any practice that is forbidden by law or rejected by mercantile uses. By virtue of these General Conditions and from the time when it becomes aware that the USER is conducting illegal any action or use in general, COLPHARMA is empowered to report this to the competent authorities and to remove the USER from its register or restrict access to the website of COLPHARMA The USER will be solely liable for any claim or legal, judicial or out-of-court action filed before courts and other organisations and which have been initiated by third parties that have been harmed directly by the USER. The USER hereby accepts all expenses, costs and compensation which, if appropriate, may be accepted by COLPHARMA, S.A. if the claim is targeted against this party. Furthermore, COLPHARMA will collaborate and notify the competent authority of these incidents at the time it becomes aware that the damages caused represent any kind of unlawful activity, particularly in the area of contents entered by the USER that could infringe the legitimate rights and interests of COLPHARMA or of third parties.

Due diligence: The USER is responsible for making sure that all actions this party is required to carry out are performed with due diligence. More specifically, the USER must be diligent with regard to the updating and veracity of his personal details, mainly the e-mail specified in the purchase as the main method of contact with COLPHARMA.

6.- Privacy and Personal Data Protection

By providing their e-mail address or other personal details—a necessary requisite for the procurement of certain services—clients give their permission for these addresses to be processed as well as to be used to send commercial notifications concerning the promotion or advertising of products and services offered by COLPHARMA. COLPHARMA has placed the e-mail address noene@diafarm.com at the disposal of Clients, to enable them to revoke their consent, as well as to exercise their right to access, rectify, delete and oppose the use of their data provided for under current legislation.

7.- Nullity and ineffectiveness of Clauses

Should any Clause of these Terms and Conditions be declared fully or partially invalid or unenforceable, such invalidity or non-enforceability will only affect said provision or the part thereof to the extent that it is invalid or unenforceable. No other provision of the Terms and Conditions will be rendered invalid or unenforceable and the aforementioned provision or the affected part thereof will be taken as omitted.

8.- Notifications

All notifications, formal requests, petitions and other communications to be carried out by the parties with regard to these General Conditions must be made in writing and will be understood as properly carried out when they have been delivered by hand or sent by ordinary post to the address of the other party or to the e-mail of this party, or to any other address or e-mail address that each party may indicate to the other party for these purposes.

9.- Applicable legislation and competent jurisdiction

Use of our website and the product purchase agreements through this website will be governed by European law.

Any disagreement, dispute or grievance that may arise between the user and COLPHARMA as a result of the use of this website will be submitted for settlement to the courts that have jurisdiction on the matter in accordance with current legislation.

Asimismo en virtud del Reglamento (UE) 524/2013 del Parlamento Europeo y del consejo, de 21 de mayo de 2013, que facilita la resolución de conflictos que pudieran surgir del comercio online entre empresa y consumidor, según el artículo 13 del Reglamento “Los Estados miembros velarán por que los comerciantes establecidos en sus territorios informen a los consumidores acerca de la entidad o entidades de resolución alternativa que den cobertura a dichos comerciantes”

Accordingly, the ONLINE DISPUTE RESOLUTION organisation is created, which will act as a valid, impartial mediator between two parties, with the purpose of avoiding having to go to court, whenever possible.
Consequently the following online platform is placed at the service of the consumer:

online dispute resolution
More information can be found in Article 14, paragraph 1, of the ODR-VO, which can be downloaded in PDF format at the following link:

http://eur-lex.europa.eu/legal-content/ES/TXT/PDF/?uri=CELEX:32013R0524