Terms & Conditions
Nakomico, hereinafter the “Company”, domiciled in France 68300 Saint-Louis, issues the following Terms and Conditions so that through its various electronic means various products are marketed and offered to the general public, individually identified as “User”.
Website of the Company: It is the Nakomico website, under the name nakomico.com, in which sales offers are published, where the user can register to acquire the published products, place orders, contact Customer service through email: [email protected]
- Nakomico declares that it is a Company legally constituted under European laws, that it has all the necessary permits to fulfill its Corporate Purpose and that it does not have any type of impediment or limitation to comply with said Object, which includes the conclusion of the Contract.
- Nakomico grants the User a limited, non-exclusive, non-transferable, revocable personal license, for an undetermined term, in accordance with these Terms and Conditions, to use the Site, in order to endorse, express or be interested in acquiring through Sale Offer the products that are published on the Page. The way to use the Site is personal and non-transferable.
- Nakomico declares to be the owner of the Goods or Products that are in the Sale Offers, in addition to all the elements covered by intellectual property rules. All of the above for the purpose of the Contract.
- Nakomico declares to have available to the user, the commercialization of second-hand products that are in optimal conditions of use. Likewise, Nakomico allows companies or individuals to sell their own products through nakomico.com who must comply with Nakomico’s Terms and Conditions as a trading platform. Please read section 2, below.
- Nakomico declares that the net content of the Product published in the Sale Offer corresponds to the Quality, brand and other elements indicated in the Sale Offer itself.
- Nakomico reserves all rights not expressly granted under this document.
- This contract and any rights and licenses granted here, may not be transferred or assigned by the User but Nakomico will be able to transfer or assign them without restriction.
- The User accepts Terms and Conditions and is bound to everything indicated in them.
- The User agrees that the warranty exclusions and limitations of liability set forth above are fundamental elements of the basis of these Terms and Conditions.
- The User is aware that the data traffic that provides access to the Site is supported by a service provided by the telecommunications service operator selected and contracted by the User and that such contracting is totally independent of the Site.
- The User acknowledges that the commissions charged by the telecommunications service operator of his choice and the applicable taxes may affect the data traffic necessary for eventual downloads and announcements of a third party on the device.
- The User declares and acknowledges that downloading any content from the Site does not confer ownership over any brands displayed on the Site.
1.- Purchasing Process
It is the one that the Company transmits the property or personal property to the User with Registration that accepts an Offer of Sale, thus creating order and paying in exchange a certain price in legal tender. Said contract shall be subject to these Terms and Conditions.
1.2.- Sale Offers
It is all that publication of a Product on the Company Page, which contains a price and description of the Product that may consist of classification, denomination, series, model, color, etc. The price indicated in the Sale Offer is not negotiable, and the discount or promotion indicated in the Sale Offer itself will be respected.
The Price excludes taxes, shipping, insurance, and installation unless explicitly stated otherwise.
It is the request made by the User for the acquisition of a Product in response to a Sale Offer. The contract will be perfected when the User receives, by any means, the Confirmation of the Order itself that will be issued by the Company. In the event that there is an error in the Order Confirmation, the User must notify the Company to the mail [email protected], clarifying such error by means of written notification.
1.4.- Payment Method
Once the payment of the selected product has been done, the User must confirm the amount to be paid to cover the product cost. Payments can be made by different means either credit or debit card, deposit or transfer to any Institution, or any other means that the Company reserves to publish. The payment method will be made after receiving the order confirmation.
If the payment is made by deposit or transfer to any Banking Institution, and the purchase exceeds € 500, the user must send the payment receipt to the email address [email protected] to be able to release his purchase. (Optional information)
The User must notify the Company of any improper or fraudulent charges on the card or bank account used for purchases, by email addressed to [email protected], in the shortest possible time for the Company to make the necessary arrangements, as well as the loss or theft immediately after becoming aware of the fact.
1.5.- Shipping Methods
The User must cover the product transportation and shipping costs unless explicitly stated otherwise. Free shipping applies only when and where it is explicitly stated.
The User will be informed in advance of the total price, approximate delivery date and insurance costs that will be paid at the time of confirming the order.
Shipments made and delivered will not enter in any way within the express delivery option, even if there are other products within the same order that are eligible for express shipments and have been requested in this way. In this case, the selected articles will be delivered separately as express. The delivery times of these products are independent of Nakomico.
1.6.- Product Delivery
The delivery will be made at the address indicated by the User in the account portal or at a different address provided by the User, which must be made at the time of confirming the order.
Deliveries can be made in parts, within the period indicated at the time of confirmation of the order, said period will begin to run once the payment is approved; The user can check the delivery status of his product on the site.
In the event that the product is not delivered within the deadline, no interest may be claimed from the Company, the User may contact the Customer Service Center of the Company, where a document indicating the status of shipment and in which the reasons for the delay are specified.
1.7.- Product Reception and Return
At the time of receiving the product, at the address indicated, the User is obliged to review the Product. In case of any damage, the User may execute the means indicated in the return or guarantees section of these Terms and Conditions.
The return of the product will proceed when the product does not exceed more than 5 days from the delivery of the same, as well as when the return derives from conventional situations, it is even valid in case the product is not of the measures, the color, material, etc., that the user wanted.
The User must return the product in its original conditions, with its packaging, acknowledgment of product receipt, return authorization number (or guide) and purchase invoice. The Company will replace the good in a reasonable time, in the understanding of the subject to independent factors of the Company such as delivery by the parcel company, availability of the product to replace or availability of the parts thereof.
The Company reserves the right to deliver a different product, of the same value and that fulfills the same functions as the one requested, because of the impossible repair of the same.
There are certain products that by their nature are not applicable to the return, expressly indicated in the product description.
Any product purchased in the online store of any of the brands that Nakomico has can only be made digitally. So in physical stores, the exchange or return may be denied.
1.8.- Promotions and Discounts
Are those promotions or discounts on the price of the product that is established on the Website, which will be subject to the conditions, restrictions, the duration or volume of the products that will be found in the different advertisements published on the Website of the Internet.
- Any violation of these Terms and Conditions by the User will generate the right in favor of Nakomico to, at any time and without prior notification of any kind, suspend or terminate the provision of the services and/or withdraw or deny the Access to the Site to the transgressing User, as well as removing him from the Registry.
- The Site may only be used for lawful purposes.
- Any type of copy, distribution, transmission, retransmission, publication, printing, dissemination and/or commercial exploitation of the material and/or content made available to the public through this site is strictly prohibited, without the prior express written consent of Nakomico or, where appropriate, of the holder of the corresponding property rights. Failure to comply with the above will subject the offender to all civil claims and criminal sanctions that may apply.
- The parents of minors will be responsible for the acts performed by them according to the provisions of these terms and conditions, including the damages caused to the products received, actions performed by them and that are prohibited by law and by the provisions of this agreement, without prejudice to the responsibility of the user, provided that this was not the parent or legal representative of a minor offender.
- At the time of User Registration, e-mail addresses or any data containing expressions or graphic-denominative sets that have been previously chosen by another User or that in any other way are offensive, coincide with brands, commercial names, establishment announcements, or company names will not be accepted and may be canceled at any time, advertising expressions, persons names and pseudonyms of public relevance, famous or registered by third parties, whose use is not authorized or which is in general contrary to the law or to the moral demands and generally accepted good customs, as well as expressions that could induce other persons by mistake, it is clear that the User will respond for the improper use both in the civil and criminal field, if applicable.
1.10.- Termination of the Contract
The Contract that is perfected by answering a sales offer ends at the moment the parties comply with their obligations.
The Company may terminate the Contract early if:
- The Price is not paid punctually, for which purpose the parties expressly agree that failure to pay in full or in part will result in cancellation of the contract.
- The User fails to comply with any of the obligations assumed in this document.
- It is in his interest to comply with his obligations in advance or to compensate him for failing to do so.
The Company may choose to demand the execution of its obligation to pay the price or to terminate the Contract and the compensation, and may also demand compensation for damages.
1.11.- The validity of the Terms & Conditions
The Company, as well as the User, recognizes that the Terms and Conditions are of unlimited validity.
Nakomico reserves the right to make changes to this document without prior notice. Therefore, Nakomico recommends that the User reread this document regularly so that he is always informed about possible modifications. The alterations to the Contract will become effective immediately after its publication on the Site.
Once the modifications have been made, it will be presumed that the User who continues using the site will have full knowledge, will have read and consented to the amended Terms and Conditions.
Nakomico may unilaterally terminate this instrument, by prior notification to the User, within 1 (one) day, the notification may be, at the choice of the Company, on the site or by writing.
If Nakomico terminates the Terms and Conditions or closes the page, it will be with prior analysis of the State of the Contracts, for such Nakomico will not be obliged to indemnify the User.
1.12.- Mobile Applications and Your Data
The user will be responsible for the data provided and in no case, Nakomico will be responsible for the veracity of the same. The confidentiality of your personal data will be maintained by establishing to avoid its damage, loss, alteration, destruction, use, access or improper disclosure.
Applications will collect data such as device identifiers, customer name, email, contact phone number, customer addresses, email and analysis data; These always in order to provide a satisfactory service, follow-up of orders made by the customer, inform the launch of new products, send notifications related to active purchases or any service requested by the customer.
The data is never shared outside the Nakomico environment or for use other than providing a good service, promotions notification program, offers and services via email, notifications via applications or SMS.
2.- Nakomico as a Trading Platform
Nakomico offers a sales section in its online store of second-hand products. In turn, it allows registered users to buy and sell their own products. The particular seller is the one who sets the product prices that want to market. As a trading platform, Nakomico does not own such products sold on the site.
Although Nakomico can provide information on the choice of prices, shipments, advertisements and other assistance on the site, such assistance is for informational purposes only (without any guarantee regarding accuracy). In addition, although we can collaborate in the resolution of conflicts between the buyer and the seller and provide a guarantee, Nakomico does not have any control or guarantee the existence, quality, safety or legality of the products, the veracity or accuracy of the content or advertisements of the products users, the ability of sellers to sell their products or buyers to pay for them, or for the buyer or seller to complete a transaction.
2.1.- Your Account
- To publish, sell or buy products, you must create an account at nakomico.com. You must be at least 18 years old and must be able to contract legally binding contracts. If you are under 18, an adult may be responsible for your actions. If you are registering at nakomico.com on behalf of a business entity, you declare that you have the power to legally link to that entity.
- When opening an account, you must enter complete and accurate information, and provide us with a valid credit card, debit card or PayPal account as a form of payment. If your registration or payment information changes at any time, you must immediately update the details in your account.
- You are aware and accept that Nakomico may charge you through any of your payment methods the corresponding amounts of the costs we incur or other losses arising from your breach of this agreement (including the Privacy Policies).
- Nakomico reserves the right to temporarily or permanently suspend accounts with incomplete or inaccurate information.
- You are solely responsible for maintaining the confidentiality of your account information and password. You are solely responsible for any activity related to your account. Your account will not be transferable to another party.
2.2.- Commissions and Other Charges
- Nakomico may charge commissions for the sale and/or purchase of products through our site and/or otherwise through the use of our services, as well as delivery or compliance fees. Service rates may vary depending on the type of event, type of product and location. Nakomico may, at its discretion, change its service rates at any time, even after you have published your products. You will be informed of all applicable service fees, including any applicable taxes, before you publish or purchase a product. Nakomico may charge and/or withhold service fees if you do not meet your contractual obligations under these Terms and Conditions.
- If, as a Seller, you do not meet your contractual obligations under our Terms and Conditions, Nakomico may charge you certain fees and/or costs.
- If as a buyer you change your postal address after you have purchased your product and you need Nakomico to deliver the product to you at the new postal address, or if you have indicated an incorrect postal address, Nakomico may charge you for additional delivery costs arising from the reorganization process of the delivery of your product to the new or correct postal address. These additional delivery costs can be charged to your payment method.
2.3.- Sale of Products
- When you advertise a product, you must set a price for which you want to sell it. You can modify or delete your ad at any time.
- Nakomico does not guarantee that your products will be sold, or that your ad will appear on the site within a period of time after your publication, or in a specific order on the event page or through the search results. Nakomico will not provide, for any reason, compensation for products that are not sold, even if it is due to a lack of availability of the website due to an interruption or maintenance or due to delays in the publication of the products.
As a seller, you are responsible for determining whether any tax is due on the sale of a product and for collecting and remitting such taxes. All applicable taxes must be included in the sale price of your product. You agree to provide Nakomico with your tax identification number if necessary for Nakomico to provide (without notifying you) information to the relevant tax authorities regarding the payments you receive from us and additionally authorize Nakomico to disclose such information to the tax authorities relevant. Service fees include any tax applicable to the sale, use, specific, value-added goods and other indirect taxes.
2.5.- Purchase of Products
Payments received by buyers for products purchased through the site are processed by Nakomico on behalf of the seller, who is paid according to our terms and conditions. Without prejudice, the Seller designates the relevant Nakomico entity as a limited payment collection agent for the sole purpose of accepting funds from the Buyers on behalf of the Seller. The Seller accepts that any payment made by the Buyer to Nakomico will be considered the same as a payment made directly to the Seller and that the Seller will make the products available to the Buyer in the agreed manner as if the Seller had received the payment directly from the Buyer.
Except if otherwise specified, the Seller understands that Nakomico’s obligation to pay the Seller is subject to the correct receipt of the associated payments by the Buyer and that it depends on them. Except if otherwise specified, Nakomico guarantees payments to the Seller only for the amounts that Nakomico has correctly received from the Buyer. By accepting the designation as a limited payment agent of the seller, Nakomico is not responsible for the actions or omissions of the Seller.
A buyer’s obligation to pay for a product is met when Nakomico has received full payment.
2.7.- Changes and Site Availability
Nakomico reserves the right to modify or interrupt, at any time and temporarily or permanently, the site, services or any part of the site or services, with or without notification, for any reason. Nakomico periodically performs scheduled maintenance tasks. Although we do our best to prevent customers from being affected, the site or our services may be temporarily unavailable during maintenance periods.
2.8.- Nakomico Abuse
By using our site and our services, you agree that you will NOT do any of the following:
- Get in touch with other Nakomico users or suggest that they contact you for any reason other than the purpose for which you have received Nakomico user contact information or request sales outside of Nakomico.
- Use the personal data of the buyer for any reason other than the delivery of products, unless the buyer agrees otherwise.
- Behave aggressively with any employee or other Nakomico user.
- Breach or evade any third party rights or our Policies.
- Post false, incorrect, misleading, defamatory or libelous content.
- Not complying with your contractual obligations regarding the sale or purchase of a product.
- Use Nakomico brands without our prior written permission.
- Copy, reproduce, modify, distribute or publicly display any content (except in the case of your information) or software from our site or services without the express prior written permission of Nakomico and the appropriate third party.
- Use any robot, web spider, scraper or other automated means to access our site or services for any purpose without our express written permission.
- Interfere with or attempt to interfere with the proper functioning of our site or services or any activity carried out on our site or services.
- Border our robot exclusion headers, robots.txt rules or any other measures we can use to prevent or restrict access to our site or services.
- Doing anything else that Nakomico determines, exclusively at its reasonable discretion, that is an abuse of the site or services, or otherwise has a negative impact on our trading platform.
In our effort to protect our buyers and sellers, we can filter sales or ticket advertisements for signs of fraud using automated algorithms or systems, which can result in automatic cancellation of ads or sales and temporary or permanent suspension of accounts. If we cancel your transaction or cancel your account in error, contact us and we may restore your account or ad, at our discretion.