GENERAL TERMS AND CONDITIONS OF SALE
https://nebarispitarch.com
1. GENERAL INFORMATION
The ownership of this website https://nebarispitarch.com/, (hereinafter referred to as the website) is held by: JOSE LUIS PITARCH AVILA, with NIF: 18952761W, provided with NIF: and registered in: ; and whose registration details are: , and whose contact details are:
Adress: Benicarló Castelló (Castellón) (ES)12580
Contact phone number: 696 03 55 29
Fax:
Contact email: jose_luis_pitarch@hotmail.com
This document (as well as any other documents mentioned herein) governs the terms and conditions under which the use of this website (https://nebarispitarch.com/) and the purchase or acquisition of products and/or services through it are regulated (hereinafter, the "terms").
For the purposes of these terms, it is understood that the activity carried out by Nebaris Pitarch througt the website includes:
Bonsai trees and products related to their maintenance and care.
In addition to reading these terms, before accessing, browsing, and/or using this website, the user must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Nebaris Pitarch. By using this website or by making and/or requesting the purchase of a product and/or service through it, the user agrees to be bound by these Terms and all of the aforementioned documents. Therefore, if the user does not agree with all of the above, they should not use this website.
Likewise, prease note that these Terms may be modified. It is the user's responsibility to review them each time they access, browse, and/or use the website, as the applicable Terms will be those in effect at the time the purchase of products and/or services is requested.
For any questions the user may have regarding the Terms, they may contact the owner using the contact details provided above or, where appropriate, by using the contact form.
2. THE USER
Access to, browsing, and use of the website confers the status of user (hereinafter referred to, interchangeably, individually as user or collectively as users), and implies full acceptance of all the Terms set forth herein from the moment browsing of the website begins, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as applicable.
The user assumes responsibility for the correct use of the websites. This responsibility shall extend to:
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Using this website solely to make inquiries and legally valid purchases or acquisitions.
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Not making any false or fraudulent purchases. If such a purchase is reasonably suspected to have been made, it may be canceled and the relevant authorities will be informated.
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Providing truthful and lawful contact information, such as an email address, postal address, and/or other data (see Legal Notice and General Terms of Use)
The user declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. Nebaris Pitarch does not guarantee that the Website complies, either fully or partially, with the laws of other countries. Nebaris Pitarch disclaims all liability that may arise from such access and does not guarantee shipping or the provision of services outside of Spain.
The User may choose to enter into the purchase contract for the desired products and/or services with Nebaris Pitarch in any of the languages in which these Terms are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Properly registered Users may make purchases on the Website using the methods and forms established. They must follow the online purchase and/or acquisition procedure of https://nebarispitarch.com/, during which various products and/or services may be selected and added to the cart, basket, or final purchase area, and finally, click on: "Buy Now"
Likewise, the User must fill in and/or verify the information requested at each step, although, during the purchase process and before making the payment, the purchase details can be modified.
The User will then receive an email confirming that Nebaris Pitarch has received their order or request for purchase and/or service provision, that is, the order confirmation. If applicable, they will also be informed by email when their purchase is being shipped. Where appropriate, this information may also be made available to the User through their personal login area on the Website.
Once the purchase process has been completed, the User consents to the Website generating an electronic invoice, which will be sent to the User via email and, where applicable, through their personal login area on the Website. Additionally, the User may, if they wish, request a paper copy of their invoice by contacting Nebaris Pitarch through the contact sections on the Website or using the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale related to the product and/or service in question, which are displayed alongside its description or, where applicable, image on its page on the Website. These may include, but are not limited to, the name, price, components, weight, quantity, color, product details or features, the manner in which services will be performed, and/or the cost of such services. The User further acknowledges that placing an order constitutes full and complete acceptance of the specific conditions of sale applicable to each case.
The communications, purchase orders, and payments involved in transactions carried out on the Website may be archived and stored in the computerized records of Nebaris Pitarch in order to serve as evidence of the transactions. In all cases, this will be done under reasonable security conditions and in compliance with applicable laws and regulations, particularly Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), as well as Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, and the rights granted to Users under the privacy policy of this Website.
Unless expressly stated otherwise, Nebaris Pitarch is not the manufacturer of the products sold or that may be marketed on the Website. While Nebaris Pitarch makes every effort to ensure that the information displayed on the Website is accurate, packaging and/or materials and/or product components may occasionally contain additional or different information than what appears on the Website. Therefore, the User should not only rely on the information provided by the Website, but also consider the information available on the product’s labeling, warnings, and/or instructions that accompany the product.
The User understands that Nebaris Pitarch displays a series of services for their interest that are not provided directly by the owner to the Users, but rather will be contracted and delivered by a third party different from Nebaris Pitarch.
4. AVAILABILITY
All purchase orders received by Nebaris Pitarch through the Website are subject to the availability of the products and/or to the absence of any circumstances or force majeure events (see Clause Nine of these Terms) that may affect their supply and/or the provision of services. If there are difficulties regarding the supply of products or if products are out of stock, Nebaris Pitarch undertakes to contact the User and refund any amount that may have been paid. This also applies in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise stated and required by law, particularly with regard to VAT.
However, unless otherwise specifically indicated, the prices of the items offered exclude shipping costs, which may be incurred and will be added to the total amount due at the time the User manages the shipping process. At that point, the User will be able to review the available shipping methods and costs and freely choose the one that best suits their needs.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, except for those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but such changes will not affect orders or purchases for which the User has already completed the purchase request process on the Website and received an order confirmation, as indicated in the first paragraph of Clause Three.
The accepted payment methods will be: credit or debit card, PayPal, Bank transfer, cash on delivery, credit or debit card and PayPal, credit or debit card and bank transfer, PayPal and bank transfer, credit or debit card, PayPal and bank transfer, credit or debit card, PayPal, bank transfer and cash on delivery.
Likewise, the User may pay all or part of the purchase price using a gift card and/or a store credit card issued by Nebaris Pitarch and/or JOSE LUIS PITARCH AVILA.
Nebaris Pitarch uses all available means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system with SSL (Secure Socket Layer) encryption.
Credit cards will be subject to verification and authorization by the issuing bank. If the bank does not authorize the payment, Nebaris Pitarch will not be held responsible for any delay or failure in delivery and will not be able to formalize any contract with the User.
Once Nebaris Pitarch receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that sufficient funds are available to complete the transaction. The charge to the card will be made at the time the shipping confirmation and/or confirmation of the service being provided is sent to the User, in the manner and, where applicable, location established.
If the payment method is PayPal, gift card, or store credit card, the charge will be made at the time Nebaris Pitarch sends the User a confirmation of the order for the purchase or acquisition of products and/or services.
In any case, by clicking on "Buy Now," the User confirms that the payment method used is their own, or that, where applicable, they are the legitimate holder of the gift card or store credit card.
Purchase or acquisition orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation, allowing sufficient time for the transfer to be processed by the payment system used by Nebaris Pitarch for the Website. Once the system receives the transfer, the order will be prepared and processed for shipment.
When using this payment method, the User must ensure that they enter the exact amount of the purchase order, as well as the correct account number and transfer reference. In case of any error, Nebaris Pitarch will not be able to validate the order, which will be canceled.
For cash on delivery payment, the User must select "Cash on Delivery" among the payment methods on the Website and proceed to "Buy Now" to place the purchase order. From that moment, Nebaris Pitarch reserves the right to contact the User in order to validate the purchase order with them. After this, the order will be prepared and made available for shipping management.
Payment will be made at the time the order is delivered by the carrier’s delivery personnel. Payment must be made in cash only. The User agrees to provide the exact amount of the order to the delivery person, as they will not be able to provide change.
For the refund of orders paid by cash on delivery, Nebaris Pitarch reserves the right to a period of 14 calendar days after the return has been requested through the Website and the package has been handed over to the carrier. When requesting the refund, the User must provide their bank account details in order to receive the corresponding bank transfer for the returned order. Refunds for orders paid by cash on delivery will be made exclusively via bank transfer.
Nebaris Pitarch reserves the right to suspend the cash on delivery payment option for Users who have not met the necessary requirements in previous orders.
6. DELIVERY
In cases where the physical delivery of the purchased goods is applicable, deliveries will be made within the following territory: Spain.
Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, those arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time frame indicated on the Website according to the shipping method selected by the User, and in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If, for any reason attributable to Nebaris Pitarch, it is unable to meet the delivery date, the User will be contacted and informed of the situation. The User may then choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the amount paid. In any case, home deliveries are made on business days.
If delivery of the order proves impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is located and how to arrange for a new delivery attempt.
If the User will not be at the delivery location during the agreed time slot, they must contact Nebaris Pitarch to arrange delivery on another day.
If 30 days have passed since the order became available for delivery and it has not been delivered due to reasons not attributable to Nebaris Pitarch, Nebaris Pitarch will assume that the User wishes to withdraw from the contract, and the contract will be considered terminated. As a result of the termination, all payments received from the User will be refunded, except for any additional costs resulting from the User’s choice of a delivery method other than the least expensive standard delivery offered by the Website. The refund will be made without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User should be aware that the return shipping resulting from the termination may incur an additional cost, which may be charged to them.
For the purposes of these Terms, delivery shall be deemed to have occurred, or the order to have been delivered, at the moment the User or a third party designated by the User takes physical possession of the products, as evidenced by the signing of the delivery receipt at the agreed delivery address.
The risks associated with the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Nebaris Pitarch has received full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the moment of delivery if this occurs after Nebaris Pitarch has received full payment of the corresponding amount.
In accordance with the provisions of Law 37/1992 of December 28 on Value Added Tax (IVA), purchase orders for delivery and/or service provision will be considered locted within the territory where Spanish IVA applies if the delivery address is within Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable IVA rate will be the one legally in force at the time, depending on the specific item in question.
In the same vein, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of IVA, purchase orders will be considered located, for their delivery and/or provision, in the Member State of the European Union where the delivery adress specified in the purchase order is located. Therefore, the applicable IVA will be the one in force in that Member State.
For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from IVA in accordance with the provisions of Law 37/1992 and Detective 2006/112, without prejudice to the application of the corresponding taxes and duties under the regulations in force in each of these territories. The user should be aware that, in these territories, taxes and customs duties may be applied and accrued at the destination, in accordance with applicable regulations, and these charges may be the responsibility of the user.
For all other locations not mentioned above, where purchase orders are placed for delivery and/or provision, the regulations in force at the time will apply. The User should be aware that this may result in the application and accrual of taxes and customs duties at the destination, in accordance with the applicable regulations there, and such charges may be borne by the User. For further information, the User should contact the customs office at the destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that, in the event they detect an error in entering the data necessary to process their purchase request on the Website, they may correct it by contacting Nebaris Pitarch through the contact sections provided on the Website, and, where applicable, through those enabled to reach the customer service department and/or using the contact details provided in Clause One (General Information). Likewise, such information may also be corrected by the User through their personal login area on the Website.
In any case, before clicking on "Buy Now," the User has access to the space, cart, or basket where their purchase requests are listed and can make modifications.
Likewise, the User is referred to the Legal Notice and General Terms of Use, and specifically to the Privacy Policy, for more information on how to exercise their right of rectification in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.
8. RETURNS
In cases where the User purchases products on or through the owner’s Website, they are entitled to a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and is therefore entitled to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the Nebaris Pitarch Website. In the case where the goods included in the order are delivered separately, the period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods included in the same purchase order. In the case of a service contract, the period will expire 14 calendar days from the date the contract was concluded.
To exercise this right of withdrawal, the User must notify Nebaris Pitarch of their decision. This may be done, where applicable, through the contact sections provided on the Website.
The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Nebaris Pitarch makes available as an annex to these Terms; however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication clearly expressing the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, Nebaris Pitarch will reimburse the User for all payments received, including shipping costs (with the exception of any additional costs incurred if the User chose a delivery method other than the least expensive option offered on the Website), without undue delay and, in any case, no later than 14 calendar days from the date on which Nebaris Pitarch is informed of the User’s decision to withdraw.
Nebaris Pitarch will reimburse the User using the same payment method the User employed for the initial purchase transaction. This refund will not incur any additional cost to the User. However, Nebaris Pitarch may withhold the reimbursement until it has received the returned products or items, or until the User provides proof of having returned them, whichever occurs first.
The User may return or send the products to Nebaris Pitarch at:
And must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Nebaris Pitarch was informed of the decision to withdraw.
The User acknowledges being aware that they must bear the direct cost of returning the goods (transportation, delivery), if any is incurred. In addition, the User will be responsible for any decrease in the value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges being aware that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this includes: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their original factory-sealed packaging; products that are sealed for hygiene or health reasons and have been unsealed after delivery; and the supply of digital content not provided on a physical medium.
In the same vein, this also applies to the provision of a service that the User may contract through this Website, as the same Law establishes that the right of withdrawal will not apply to Users when the service has been fully performed, or when its execution has begun with the express consent of the consumer and user, and with the acknowledgment that they are aware that, once the contract has been fully performed by Nebaris Pitarch, they will have lost their right of withdrawal.
In any case, no refund will be issued if the product has been used beyond simply being opened, if it is not in the same condition in which it was delivered, or if it has been damaged after delivery.
Likewise, products must be returned using or including all their original packaging, instructions, and any other accompanying documents, along with a copy of the purchase invoice.
At the following link, you can download the model withdrawal form: https://nebarispitarch.com/desistimiento
Return of defective products or shipping errors
This applies to all cases in which the User considers that, at the time of delivery, the product does not conform to what was agreed in the contract or purchase order, and therefore must contact Nebaris Pitarch immediately to report the nonconformity (defect/error) using the same means or the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products. Once the products have been returned, they will be examined, and the User will be notified within a reasonable period whether a refund or, where applicable, a replacement is appropriate.
The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for products returned due to a defect, when such a defect is confirmed, will be fully refunded, including delivery costs and any return costs incurred by the User. The refund will be made using the same payment method that the User used to pay for the purchase.
In any case, the rights recognized under the legislation in force at any given time for the User, as a consumer and user, will always apply.
Warranties
The User, as a consumer and user, is entitled to warranties for the products that may be purchased through this Website, under the legally established terms for each type of product. Accordingly, Nebaris Pitarch shall be liable for any lack of conformity that becomes apparent within three years from the date of delivery of the product.
In this regard, products are considered to be in conformity with the contract provided that: they match the description given by Nebaris Pitarch and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily put; and they display the quality and performance that are normal in goods of the same type and that can reasonably be expected. When this is not the case with the products delivered to the User, the User must proceed as indicated in the section **Return of Defective Products or Shipping Errors**.
However, some of the products marketed on the Website may have non-uniform characteristics, as long as these stem from the nature of the materials used in their manufacture. These characteristics are therefore part of the product’s individual appearance and shall not be considered defects.
On the other hand, it may be the case that the User purchases on the Website a product that is branded or manufactured by a third party. In such cases, and if the User considers the product to be defective, they also have the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly with them during the three years following the delivery of said products. To do so, the User must retain all information related to the product’s warranty.
However, to learn more about the After-Sales Service that Nebaris Pitarch offers to Users of the Website, you can consult it here:
9. DISCLAIMER OF LIABILITY
Unless otherwise legally provided, Nebaris Pitarch shall not accept any liability for the following losses, regardless of their origin:
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any losses that are not attributable to any breach on its part;
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business losses (including lost profits, loss of revenue, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, or unnecessary expenses incurred); or of
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any other indirect loss not reasonably foreseeable by either party at the time the product sales contract was entered into between them.
Likewise, Nebaris Pitarch also limits its liability in respect of the following cases:
- Nebaris Pitarch implements all measures necessary to provide an accurate representation of the product on the Website; however, it shall not be liable for minor discrepancies or inaccuracies that may arise due to screen-resolution limitations, browser issues, or other factors of a similar nature.
- Nebaris Pitarch will exercise the utmost diligence in making the product covered by the purchase order available to the carrier appointed for its transport. However, it shall not be liable for any damages arising from transportation failures, particularly those caused by strikes, roadblocks, or, more generally, any other industry-related issues that result in delays, losses, or theft of the product.
- Technical failures that, due to fortuitous events or other causes, prevent the normal operation of the service over the Internet; unavailability of the Website for maintenance or other reasons that impede access to the service. Nebaris Pitarch will employ all means at its disposal to carry out the purchase, payment, and shipping/delivery of the products; however, it shall be exempt from liability for causes beyond its control, including acts of God or force majeure.
- Nebaris Pitarch shall not be liable for any misuse and/or wear and tear of products that have been used by the User. Likewise, Nebaris Pitarch shall not be liable for any erroneous return made by the User. The User is responsible for returning the correct product.
- Generally, Nebaris Pitarch shall not be held liable for any failure or delay in the performance of its obligations where such failure or delay is due to events beyond its reasonable control, like force majeure, which may include, without limitation:
- Strikes, lockouts, or other industrial actions.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared), or any threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Inability to use trains, ships, airplanes, motor vehicles, or other means of transport, whether public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
In this way, the obligations shall be suspended for the period during which the force majeure continues, and Nebaris Pitarch shall be granted an extension of time to fulfill them equal to the duration of the force majeure event. Nebaris Pitarch will employ all reasonable efforts to find a solution that enables it to meet its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Nebaris Pitarch will be electronic (via email or notices posted on the Website).
For contractual purposes, the User consents to using this electronic means of communication and acknowledges that any contract, notice, information, or other communications that Nebaris Pitarch sends electronically satisfy the legal requirement of being in writing. This provision shall not affect any rights granted to the User by law.
The User may send notifications and/or communicate with Nebaris Pitarch using the contact details provided in these Terms and, where applicable, via the contact sections on the Website.
Likewise, unless otherwise stipulated, Nebaris Pitarch may contact and/or notify the User at the email address or postal address provided.
11. WAIVER
No waiver by Nebaris Pitarch of any specific right or legal action, nor any failure by Nebaris Pitarch to require the User’s strict performance of any obligation, shall constitute a waiver of any other rights or remedies under the contract or these Terms, nor shall it relieve the User of their obligations.
No waiver by Nebaris Pitarch of any of these Terms or of any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver, duly formalized, and communicated to the User in writing.
12. SEVERABILITY
If any of these Terms are declared null and void by a final decision of a competent authority, the remaining clauses shall remain in full force and effect and shall not be affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and any document expressly referred to herein constitute the entire agreement between the User and Nebaris Pitarch with respect to the subject matter of the sale and supersede any prior pact, agreement, or promise, whether oral or written, made between the same parties.
The User and Nebaris Pitarch acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for those expressly set out in these Terms.
14. DATA PROTECTION
Personal information or data that the User provides to Nebaris Pitarch in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (as contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is truthful.
15. GOVERNING LAW AND JURISDICTION
Access to, navigation on, and/or use of this Website and any product purchase contracts concluded through it shall be governed by Spanish law.
Any controversy, issue, or disagreement that arises out of or is related to the access to, navigation on, and/or use of the Website, or to the interpretation and performance of these Terms, or to the sales contracts between Nebaris Pitarch and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may submit to Nebaris Pitarch any complaints, claims, or other comments they wish to make via the contact details provided at the beginning of these Terms (General Information).
In addition, Nebaris Pitarch provides official complaint forms for consumers and users, which they may request at any time using the contact details provided at the beginning of these Terms (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between Nebaris Pitarch and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This procedure can be accessed via the following website: [https://ec.europa.eu/consumers/odr/.”](https://ec.europa.eu/consumers/odr/.)