Legal Notice

Purpose and acceptance

This legal notice regulates the use of the website neckandneck.com (hereinafter THE WEBSITE), which is owned by NECK CHILD S.A. (hereinafter neck&neck). Browsing the neck&neck website attributes the user's condition and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications. The user undertakes to make proper use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The user will respond to neck&neck or third parties for any damages that may be caused as a result of breach of said obligation.

Identification and communication

Neck&neck, in compliance with Law 34/2002, on 11 July, on information and electronic commerce business services, informs you that:


It’s corporate name is: NECK CHILD S.A.
CIF/NIF/NIE is: A92016344
It’s registered office is: Avenida de Castilla, 33, San Fernando de Henares, 28830, Madrid
Registered in the Madrid Company Register Volume 16383, Book 0, Page 1, Section 8, Sheet 278443
To communicate with us, you can use the following means of contact:
Tel.: 91 678 18 30
Email: clubneck@neckandneck.com
All notifications and communication between users and neck&neck will be considered effective, for all purposes, when made through postal mail or any other means detailed above.

Access conditions and use

The website and its services are free to access, however, neck&neck make the use of some of the services offered on its website conditional on the previous completion of the corresponding form.

The user guarantees the authenticity and timeliness of all data communicated to neck&neck and will be solely responsible for any false or inaccurate statements made.

The user expressly agrees to make proper use of the contents and services of neck&neck and not to use them, among others:


a) Disseminate criminal, violent, pornographic, racist, xenophobic, offensive, terrorist apology or, in general, contrary to law or public order content.
b) Introduce computer viruses into the network or carry out actions that could alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of neck&neck or third parties; as well as hindering the access of other users to the website and its services through the massive consumption of computer resources through which neck&neck provides its services.
c) Attempt to access the email accounts of other users or restricted areas of the neck&neck or third-party computer systems and, where appropriate, extract information.
d) Violate intellectual or industrial property rights, as well as violate the confidentiality of neck&neck or third party information.
e) Impersonate the identity of another user, public administrations or a third party.
f) Reproduce, copy, distribute, make available to, or any other form of public communication, transform or modify the contents, unless authorised by the holder of the corresponding rights or it is legally permitted.
g) Collect data for advertising purposes and to send advertising of any kind and communications for sale or other commercial purposes without your prior request or consent.

All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to neck&neck, without being understood to be assigned to the user none of the exploitation rights over them beyond what is strictly necessary for the correct use of the web.

In short, users who access this website can view the contents and make, where appropriate, authorised private copies provided that the reproduced elements are not subsequently transferred to third parties, nor are they installed to servers connected to networks, nor are they subject to any type of exploitation.

Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of neck&neck, without it being understood that the use or access to it gives the user any right over them.

The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorised by the owner of the exploitation rights are prohibited.

The establishment of a hyperlink does not imply in any case the existence of relations between neck&neck and the owner of the website on which it is established, nor the acceptance and approval by neck&neck of its contents or services. Those who intend to establish a hyperlink must previously request authorisation in writing to neck&neck. In any case, the hyperlink will only allow access to the home page of our website, it must also refrain from making false, inaccurate or incorrect statements about neck&neck, or include illegal content, contrary to good customs and to public order.

neck&neck is not responsible for the use of materials made available on this website or for the actions users perform based on them.

Exclusion of guarantees and responsibility

The content of this website is of a general nature and is for informational purposes only, without fully guaranteeing access to all content, its completeness, correctness, validity or timeliness, or its suitability or usefulness for a specific purpose.

neck&neck excludes, as far as the legal system allows, any responsibility for damages of any kind derived from:


a) The impossibility of accessing the website or the lack of veracity, accuracy, completeness and/or topicality of the contents, as well as the existence of defects and flaws of all kinds of the content transmitted, disseminated, stored, made available, which have been accessed through the website or the services offered.
b) The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
c) Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a result of improper use of the website. In particular, and by way of example, neck&neck is not responsible for the actions of third parties that infringe intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and the image itself, as well as the regulations on the subject of unfair competition and illegal advertising.

Likewise, neck&neck declines any responsibility regarding the information that is outside this website and is not directly managed by our webmaster. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources likely to expand the contents offered by this website. neck&neck does not guarantee or take responsibility for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend visiting them, so it will not be responsible for the result obtained. neck&neck is not responsible for the establishment of hyperlinks by third parties.

Procedure in case of carrying out illegal activities

In the event that any user or a third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the website, you must send a notification to neck&neck duly identifying, specifying the alleged infractions and expressly declaring that the information provided in the notification is accurate.

For any litigious matter that concerns the neck&neck website, Spanish legislation will apply.

Publications

The administrative information provided through the website does not replace the legal publicity of laws, regulations, plans, general provisions and acts that have to be formally published in the official journals of public administrations, which constitute the only instrument that attests to its authenticity and content. The information available on this website should be understood as a guide with no purpose of legal validity.

Returns and Withdrawal Conditions

You have the right to terminate the contract within 14 calendar days without reason. Said cancellation must be sent to neck&neck in writing to the contact details (address or email) mentioning "General Conditions of Contract” at the beginning. In Appendix I of these Conditions, you have a model to exercise the right of withdrawal, although any other form where the exercise of said right will be valid is valid.

The user, regardless of the means they choose to exercise their right of withdrawal, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract.

The withdrawal period will expire 14 calendar days after the date that THE USER or a third party authorised by them, other than the carrier, acquires the material possession of the goods acquired on our website or in case the goods that make up the order are deliver separately, within 14 calendar days of the day that THE USER or a third party authorised by him, other than the carrier, acquires the material possession of the last of those goods that make up the same purchase order.

To meet the withdrawal period, it is enough that the communication unequivocally expresses their decision to withdraw is sent before the corresponding deadline expires.

In case of exercising the withdrawal right, the amount paid will be refunded, including transport costs, provided that the product is in the same condition as it was delivered.

The refund will be made without undue delay and, in any case, no later than 14 calendar days from the date on which neck&neck is informed of the exercising of this withdrawal right.

However, such refund could be retained by neck&neck until the products or items of the purchase have been received, or until the user submits proof of their return, depending on which condition is met first.

The refund will be made with the same payment method that the user used to make the initial purchase transaction.

The exercise of the withdrawal right will not imply any expense for the consumer.

The user must return the products or goods subject to withdrawal, also within 14 calendar days, from the date on which they notified their right to withdraw.

The user acknowledges knowing that they must bear the direct cost of the return (transport, delivery) of the goods, if any were incurred. In addition, they will be responsible for the decrease in value of the products resulting from a handling other than that necessary to establish the nature, characteristics and operation of the goods. However, the customer will not have to reimburse any amount for the decrease in value of the good, which is a consequence of its use according to the agreement or its nature, or for the use of the service.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, the products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the product must be returned using or including all its original packaging, instructions and other documents that may accompany it, in addition to a copy of the purchase invoice.

b) Return of defective products or shipping error

If the user considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order because it is a defective product or because there is an error in the shipment of the product, you should contact neck&neck immediately and let you know your disagreement (defect/error) through the contact details established at the beginning of these General Conditions of Contract.

The user will then be informed about how to proceed with the return of the products and, once they are returned, they will be examined and the customer will be informed, within a reasonable period of time, if the refund is due or, where appropriate, a replacement of the same product.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including shipping costs and costs that the user may have incurred to make the return. The refund will be made by the same payment method that the user used to make the purchase.

The right of withdrawal may be exercised on one, several or all of the items purchased.

Notwithstanding the foregoing, in accordance with article 103 literal e) of Royal Legislative Decree 1/2007, of November 16, General Law for the Defence of Consumers and Users, for reasons of health and hygiene protection, swimsuits and underwear will not be subject to the right of withdrawal.

• Exceptions to the right of withdrawal


The right to withdrawal will not be applicable to:
a) The provision of services, once the service has been fully executed, when the execution has begun, with the express prior consent of the consumer and user and with the acknowledgement by them and that they are aware that, once the contract has been completely executed by the employer, you will have lost your right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the employer cannot control and that may occur during the withdrawal period.
c) The supply of goods made according to the specifications of the consumer and user or clearly personalised (weapons). d) The supply of goods that can deteriorate or expire quickly (food, flowers, fruit baskets, etc.).
d) The supply of sealed goods that are not suitable to be returned for reasons of health or hygiene protection and that have been unsealed after delivery (earrings, all beauty items, toiletries, cosmetics, personal hygiene, hair accessories, underwear, stockings and pantihose, and all those products for body use) f) The supply of goods that after their delivery and taking into account their nature have been inextricably mixed with other goods.
e) The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
f) The contracts in which the consumer and user has specifically requested the entrepreneur to visit them to carry out urgent repair or maintenance operations; if, on that visit, the employer provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to such services or additional goods.
g) The supply of sound recordings or sealed videos or sealed computer programs that have been unsealed by the consumer and user after delivery.
h) The supply of digital content that is not provided on a material medium.

Guarantees

The user, as a consumer and user, has guarantees on the products that can be acquired through this website, in the legally established terms for each type of product, neck&neck will therefore answer, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.

In this sense, it is understood that the products are in accordance with the contract provided that:


Conform to the description made by neck&neck and possess the qualities presented on the website
Are suitable for the uses to which products of the same type are ordinarily destined
Present the usual quality and performance of a product of the same type and that are fundamentally expected of the same

When this is not the case with respect to the products delivered to the customer, the customer must proceed as indicated in the section “Returning defective products or shipping error”.

Notwithstanding any of the products that are marketed on the website, they could present non-homogeneous characteristics as long as they derive from the type of material with which it has been manufactured, and that therefore, will be part of the individual appearance of the product, and are not defective.

On the other hand, it could be the case that the user acquires a product from a third party brand or the product manufacturer on the website. In this case, you can contact the brand or the product manufacturer directly to find out how to exercise your legal warranty right during the two years following the delivery of said products.

Whenever the warranty right is exercised, the user must have retained all the information regarding the product warranty (invoice and warranty).

VAT refund for travellers resident in non-EU countries

This website is not attached to any entity that collaborates with the Tax Free Service.