T&C for Users

Through its Web Site, you will have the possibility of buying items of clothing designed by professional fashion designers.

You will be able to make a reservation of some future designs not manufactured yet without paying any money.

If you are not satisfied with the design received, you will have a period of fourteen (14) calendar days to return same, without any penalty and without any need to state the reasons.

In addition, you will have a period of a month to return, free of charge, any products with manufacturing defects.

In any case, we hereby recommend you to read carefully the present Terms and Conditions.

These Terms and Conditions govern the access to and use of the web site NOFIRM.NET (hereinafter, the Web Site), held by FUNCTIONAL BUSINESSES, S.L. (hereinafter, FUNCTIONAL BUSINESSES), with Spanish Tax I.D. B-76241454 and corporate address in Calle Alfredo Calderón 24, 1º, 35006, Las Palmas de Gran Canarias (Spain), and registered with the Commercial Register of Las Palmas de Gran Canarias in Volume 2131, Sheet 185, Book 0, Page GC-50728, Section 8, Entry 1ª.

By visiting or using the services in the Web Site, the User accepts these Terms and Conditions.

Through its Web Site, FUNCTIONAL BUSINESSES offers the Users the possibility of buying items of clothing (hereafter "designs"), which have been designed and developed by professional fashion designers.

If you have any doubt, you can contact FUNCTIONAL BUSINESSES though the e-mail address support@nofirm.net. 

Users undertake to make a lawful, diligent, honest and correct use of any information or content they may have access to through the Web Site, subject to the principles of good faith and with due consideration at all times to applicable law and the present Terms and Conditions.

Users shall refrain from using this Web Site for unlawful purposes or purposes related to crimes or illegal activities of any type. 

It is expressly forbidden to send, use or reuse any illegal, offensive, abusive, indecent, slanderous, obscene or threatening materials of any kind, or materials which may entail an infringement of intellectual property rights, registered trademarks, confidentiality rights or any other rights of FUNCTIONAL BUSINESSES or third parties.

It is also forbidden to duplicate, copy, distribute, transform or modify the information and the content stored on the Web Site, unless the User has the authorization of the holder of the relevant rights.

 

Likewise, the User undertakes not to cause malicious or intentional damage, which may alter or diminish the value of the Web Site, and not to introduce or disseminate computer viruses which may lead to non-authorized alterations of the contents or systems which form the Web Site. 

In order to reserve or acquire the products offered on the Web Site, the User will need to register by filling in the registration form available on the Web Site.

The User shall be responsible for keeping the confidentiality of the data and information provided and for limiting the access to his or her computer and access keys in order to prevent any non-authorized uses.

If the User has reasons to believe that his or her data have been made available to a third party, or that they have been or may be used without his or her authorization, the User must inform FUNCTIONAL BUSINESSES immediately. 

The User shall verify that his or her data are correct and inform FUNCTIONAL BUSINESSES in case of a variation and/or amendment in the information provided during the purchasing process.

The Web Site offers Users the possibility (i) to purchase Designs already manufactured, and also (ii) to reserve Designs not manufactured yet.

Purchase of already manufactured Designs 

Users may directly purchase Designs offered through the Web Site and already manufactured, by registering in the Web Site and paying the price stablished according to the terms of payment set in this document and in the Web Site.

Reservation of future Designs

Users may reserve Designs offered through the Web Site but not manufactured yet according to the following procedure and conditions:

1.- Users may reserve the Designs published it the Web Site, by registering in the Web Site and making the corresponding reservation of a future Design. This reservation is a statement of intention, which does not require the payment of any amount and does not constitute the effective purchase of the Design.

2.- FUNCTIONAL BUSINESSES may accept or deny Users reservation according to the number of reservations made by Users.

Each Design will need a minimum of reservations to be produced, so if it does not reach the minimum required, the Design will not be manufactured.

3.- If the Design reaches the preset minimum of reservations, FUNCTIONAL BUSINESSES will communicate the acceptation of the reservations to Users, which will be able to confirm the reservation and make the purchase.

Users will have to proceed with the effective purchase by making the payment previously stipulated.

Please take into account that, in this step, User will be able to not continuing with the purchase of the reserved Design.

To proceed with the effective purchase of the Design, the User shall pay the order using the means of payment specified on the Web Site.

Taxes and handling and delivery expenses will not be include in the Designs prices, except as otherwise provided in the Web Site during the purchase. In any case, the amount of these taxes and expenses shall be specified in detail to Users at the time of final confirmation of each order.

Once the payment has been made, the User will receive an email confirming the order and the payment. 

If there is any problem at the time of payment which prevents same, the User will receive an automatic message indicating the existence of a payment error. The order will not be processed until full completion of the payment.

FUNCTIONAL BUSINESSES undertakes to deliver the product in perfect condition to the address of the User. In order to optimize the delivery, User shall indicate an address to which the order can be delivered during normal working hours.

FUNCTIONAL BUSINESSES will not be responsible for errors caused in the delivery when the delivery address entered by the user in the order form does not conform to reality, either false or has been omitted.

Without limiting the foregoing, FUNCTIONAL BUSINESSES is committed to take such measures that are within its reach, for deliver the Designs within a period of 30 working days from the moment of the purchase.

7.1 Refunds for manufacturing defects

The User may return to FUNCTIONAL BUSINESSES, free of charge, any products with manufacturing defects. Considering the nature of the products offered, the User shall have a month as of receipt thereof to communicate to FUNCTIONAL BUSINESSES his/her non-acceptance of the Design.

To this end, the User must contact FUNCTIONAL BUSINESSES by e-mail or post, stating the Designs to be returned, with a photograph and a detailed account of the defects encountered. Upon receipt of said communication, FUNCTIONAL BUSINESSES will indicate to the User, if applicable, the form of collection or delivery of the defective Design, free of charge. 

Each product to be returned must be unused and include all its labels. Failing this, FUNCTIONAL BUSINESSES reserves the right to refuse such return. Upon receipt of the product and verification of the existence of manufacturing defects in any of the products ordered, FUNCTIONAL BUSINESSES shall proceed to send another product of the same characteristics, also free of charge for the User.

If it is not possible, owing to lack of stock, to send another product of identical characteristics, the amount paid for the purchase of the product shall be returned as soon as possible and, in any case, within fourteen (14) calendar days.

7.2 Withdrawal

Pursuant to the Spanish General Act for the Defence of Consumers and Users, in the event that the User is not satisfied with the products received, he or she have a period of fourteen (14) calendar days to return same, without any penalty and without any need to state the reasons. In order to formalize said return, please contact FUNCTIONAL BUSINESSES by e-mail or post enclosing the filled out withdrawal form enclosed to these Terms and Conditions as ANNEX 1. 

Upon receipt of said communication, FUNCTIONAL BUSINESSES will inform you of the form of delivery of the products. Each product to be returned must be unused and include all its labels. Failing this, FUNCTIONAL BUSINESSES reserves the right to refuse such return.

The amounts paid will be returned as soon as possible and, in any event, within fourteen (14) calendar days from the date on which the User informed its decision to withdraw from the contract or to return the product. 

FUNCTIONAL BUSINESSES reserves the right to withhold the reimbursement until he has received the product or any evidence of the return of the product, whichever condition is met first.

Any intellectual and industrial property rights in the Web Site and its content, as well as the Designs offered, shall remain the exclusive property of FUNCTIONAL BUSINESSES or third parties authorized by FUNCTIONAL BUSINESSES to use them on the Web Site, and FUNCTIONAL BUSINESSES or such third parties shall retain exclusive exploitation rights in connection therewith.

FUNCTIONAL BUSINESSES hereby informs that this is not a license or express or implicit authorization to use the intellectual and/or industrial rights or any other related right or property which may be directly or indirectly related with the contents included in the Web Site. 

In particular, under the provisions of Spanish Royal Legislative Decree 1/1996, of 12 April, approving the Consolidated Text of Intellectual Property Act, and Trademark Act 17/2001, of 7 December, as well as other complementary legislation on intellectual and industrial property, any public reproduction, transmission, adaptation, translation, distribution or communication, including the placing at the disposal of or any other form of commercial exploitation and/or amendment of all or part of the content and Designs of the Website, is forbidden without the prior express authorization of FUNCTIONAL BUSINESSES.

Any use of the content and Designs not previously authorized by FUNCTIONAL BUSINESSES shall be considered a serious infringement of intellectual or industrial property rights and shall be prosecuted under the law. The reproduction in whole or in part of any of the contents of the Web Site, even through a hyperlink, without the express written consent of FUNCTIONAL BUSINESSES, is strictly prohibited. The non-authorized use of said contents shall give rise to the liabilities established by law.

FUNCTIONAL BUSINESSES declares that it has adopted all measures necessary, within the possibilities offered by the current state of technology, to enable the correct functioning of its Website and the absence of viruses and other harmful components. However, without limitation, FUNCTIONAL BUSINESSES may not be held responsible for any of the following: 

The lack of availability, maintenance and effective functioning of the Website and/or its services or Content.

The presence of viruses or malicious or harmful programs on the Website.

Any incidences or damages which may derive from the lack of due diligence by the User or from the inadequate use of the Website, including any infringement of the intellectual and/or industrial property rights of FUNCTIONAL BUSINESSES or third parties.

Instances of force majeure, this term being understood as the failure, suspension or interruption of the services or the use of the Website as a consequence of energy restrictions, the failure of communications or the Internet, third party actions or omissions or any other causes or circumstances beyond the control of FUNCTIONAL BUSINESSES which may prevent a normal use of the Website.

The Hyperlinks included in the Web Site and, in particular, the content, information or services that may appear in those. Said information or services shall be deemed to have been offered by FUNCTIONAL BUSINESSES for mere information purposes, which entails no relation, acceptance or support thereof by FUNCTIONAL BUSINESSES or the persons or entities which own said content or are the holders of the sites in which it appears.

The Users may upload their comments and opinions to Web Site in relation with the Designs that they have purchase or the designers of these, provided always that said comments and opinions shall be free from expressions which may be deemed to be inappropriate or offensive.

In particular, it is forbidden to upload comments or opinions which may be deemed unlawful, obscene, abusive, threatening, slanderous or which may impinge upon the privacy of third parties, infringe third-party intellectual property rights or be otherwise considered reprehensible or slanderous for third parties, as well as materials containing computer viruses, political propaganda, advertising content, chain emails, mass mailing or any other type of spam.

Also, Users may upload other information, images or content regarding the designs or clothes they would like to purchase. It is not permitted to upload any content that may infringe third-party intellectual property rights or any other right, and in any case, User will assume any responsibility for any content they upload to the Web Site.

The User recognizes that he/she has been informed that FUNCTIONAL BUSINESSES may withdraw from its Website any content published by the User which, at the sole discretion of FUNCTIONAL BUSINESSES, may infringe the rights of FUNCTIONAL BUSINESSES or any third parties or these Terms and Conditions, all without prejudice to any legal actions which may be filed against the User by reason of said infringements.

FUNCTIONAL BUSINESSES reserves the right to update, amend or eliminate the information from this Web Site or to amend unilaterally the present Terms and Conditions and inform the User thereof. Any amendments in said terms and conditions shall enter into force at the time of publication thereof on this Web Site.

FUNCTIONAL BUSINESSES may translate these Terms and Conditions, its Privacy Policy and any other operational rules, policies or procedures published on the Web Site. In case of conflict, the English version will prevail.

The present General Terms and Conditions are subject to Spanish law. The parties, under Spanish Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Act for the Defense of Consumers and Users, will be subject to the Courts and Tribunals of the place of residence of the User.

Additionally, under the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, we inform you that, in case of dispute, the User resident of the European Union may turn to the "Online Dispute Resolution Platform" developed by the European Commission, in order to try to settle out of court any dispute arising from the provision of services by FUNCTIONAL BUSINESSES.

 

You can access the "Online Dispute Resolution Platform" through the following link: http://ec.europa.eu/consumers/odr/"

Withdrawal form template

(you must only fill in and send this form if you wish to withdraw from the agreement)

FUNCTIONAL BUSINESSES, S.L

Calle Alfredo Calderón 24, 1º, 35006, Las Palmas de Gran Canarias (Spain)

Telephone: +34 635 367 849

E-mail: support@nofirm.net

I hereby inform you that I wish to withdraw from my agreement to purchase the following cloth or design:

– Ordered/received on [insert date of purchase/date of receipt of the order]

– [Name of consumer and user]

– [Address of consumer and user]

Signature of consumer and user (only if the present form is submitted on paper) 

Date