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Legal notice

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. (hereinafterneck&neck). Browsing the neck&neck website attributes the user'scondition and implies full and unreserved acceptance of each and every one ofthe 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 becaused 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, Section8, 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 beconsidered effective, for all purposes, when made through postal mail or any othermeans 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 andservices of neck&neck and not to use them, among others:

· Disseminate criminal, violent, pornographic, racist, xenophobic,offensive, terrorist apology or, in general, contrary to law or public ordercontent.

· Introduce computer viruses into the network or carry out actionsthat could alter, spoil, interrupt or generate errors or damage to electronicdocuments, data or physical and logical systems of neck&neck or thirdparties; as well as hindering the access of other users to the website and itsservices through the massive consumption of computer resources through whichneck&neck provides its services.

· Attempt to access the email accounts of other users or restrictedareas of the neck&neck or third-party computer systems and, whereappropriate, extract information.

· Violate intellectual or industrial property rights, as well asviolate the confidentiality of neck&neck or third party information.

· Impersonate the identity of another user, public administrationsor a third party.

· Reproduce, copy, distribute, make available to, or any other formof public communication, transform or modify the contents, unless authorised bythe holder of the corresponding rights or it is legally permitted.

· Collect data for advertising purposes and to send advertising ofany kind and communications for sale or other commercial purposes without yourprior request or consent.

All the contents of the website, such as texts, photographs,graphics, images, icons, technology, software, as well as its graphic designand source codes, constitute a work whose property belongs to neck&neck,without being understood to be assigned to the user none of the exploitationrights 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 andmake, where appropriate, authorised private copies provided that the reproducedelements are not subsequently transferred to third parties, nor are theyinstalled to servers connected to networks, nor are they subject to any type of exploitation.

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

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

The establishment of a hyperlink does not imply in any case theexistence of relations between neck&neck and the owner of the website onwhich it is established, nor the acceptance and approval by neck&neck ofits contents or services. Those who intend to establish a hyperlink mustpreviously request authorisation in writing to neck&neck. In any case, thehyperlink will only allow access to the home page of our website, it must alsorefrain from making false, inaccurate or incorrect statements aboutneck&neck, or include illegal content, contrary to good customs and topublic order.

neck&neck is not responsible for the use of materials madeavailable 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 forinformational purposes only, without fully guaranteeing access to all content,its completeness, correctness, validity or timeliness, or its suitability orusefulness for a specific purpose.

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

·The impossibility of accessing the website or the lack ofveracity, accuracy, completeness and/or topicality of the contents, as well asthe existence of defects and flaws of all kinds of the content transmitted,disseminated, stored, made available, which have been accessed through thewebsite or the services offered.

· The presence of viruses or other elements in the contents that maycause alterations in computer systems, electronic documents or user data.

· Failure to comply with the laws, good faith, public order, trafficuses 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 propertyrights, business secrets, rights to honour, personal and family privacy and theimage itself, as well as the regulations on the subject of unfair competitionand illegal advertising.

Likewise, neck&neck declines any responsibility regarding theinformation that is outside this website and is not directly managed by ourwebmaster. 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 thecontents offered by this website. neck&neck does not guarantee or takeresponsibility for the operation or accessibility of the linked sites; nor doesit suggest, invite or recommend visiting them, so it will not be responsiblefor the result obtained. neck&neck is not responsible for the establishment of hyperlinks by third parties.

Procedure in case of carrying out illegalactivities:

In the event that any user or a third party considers that thereare facts or circumstances that reveal the illicit nature of the use of anycontent and/or the performance of any activity on the web pages included oraccessible through the website, you must send a notification to neck&neckduly identifying, specifying the alleged infractions and expressly declaringthat 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 provisionsand acts that have to be formally published in the official journals of public administrations, which constitute the only instrument that attests to itsauthenticity and content. The information available on this website should beunderstood as a guide with no purpose of legal validity.

Returns and Withdrawal Conditions:

You have the right to terminate the contract within 30 calendardays without reason. Said cancellation must be sent to neck&neck in writingto the address or email) mentioned at the begining of this Legal Notice.

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

The withdrawal period will expire 30 calendar days after the datethat 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 incase the goods that make up the order are deliver separately, within 30 calendardays of the day that THE USER or a third party authorised by him, other thanthe carrier, acquires the material possession of the last of those goods thatmake up the same purchase order.

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

In case of exercising the withdrawal right, the amount paid willbe refunded, including transport costs, provided that the product is in thesame 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 ofthe exercising of this withdrawal right.

However, such refund could be retained by neck&neck until theproducts or items of the purchase have been received, or until the user submitsproof of their return, depending on which condition is met first. The refund will be made with the same payment method that the userused to make the initial purchase transaction.

The exercise of the withdrawal right will not imply any expensefor 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 rightto withdraw.

The user acknowledges knowing that they must bear the direct costof the return (transport, delivery) of the goods, if any were incurred. Inaddition, they will be responsible for the decrease in value of the productsresulting from a handling other than that necessary to establish the nature,characteristics and operation of the goods. However, the customer will not haveto reimburse any amount for the decrease in value of the good, which is aconsequence 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, inaddition to a copy of the purchase invoice.

Return of defective products or shipping error:

If the user considers that, at the time of delivery, the productdoes not conform to the provisions of the contract or purchase order because itis a defective product or because there is an error in the shipment of theproduct, you should contact neck&neck immediately and let you know yourdisagreement (defect/error) through the contact details established at thebeginning 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 therefund is due or, where appropriate, a replacement of the same product.

The amount paid for those products that are returned due to adefect, 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 ofthe items purchased. Notwithstanding the foregoing, in accordance with article 103literal e) of Royal Legislative Decree 1/2007, of November 16, General Law forthe Defence of Consumers and Users, for reasons of health and hygieneprotection, 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:

· The provision of services, once the service has been fullyexecuted, when the execution has begun, with the express prior consent of theconsumer and user and with the acknowledgement by them and that they are awarethat, once the contract has been completely executed by the employer, you willhave lost your right of withdrawal.

· The supply of goods or the provision of services whose pricedepends on fluctuations in the financial market that the employer cannotcontrol and that may occur during the withdrawal period.

· The supply of goods made according to the specifications of the consumer and user or clearly personalised. The supply of goods that candeteriorate or expire quickly.· The supply of sealed goods that are not suitable to be returnedfor reasons of health or hygiene protection and that have been unsealed afterdelivery (earrings, all beauty items, toiletries, cosmetics, personal hygiene,hair accessories, underwear, stockings and pantihose, and all those productsfor body use) The supply of goods that after their delivery and taking intoaccount their nature have been inextricably mixed with other goods.

· The supply of sound recordings or sealed videos or sealed computerprograms that have been unsealed by the consumer and user after delivery.

· The supply of digital content that is not provided on a materialmedium.

Guarantees:

The user, as a consumer and user, has guarantees on the productsthat can be acquired through this website, in the legally established terms foreach 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 thedelivery of the product, in accordance with the criteria and conditionsdescribed in Royal Legislative Decree 1/2007, of November 16, which approvesthe 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 inaccordance with the contract provided that:

Conform to the description made by neck&neck and possess thequalities presented on the website

Are suitable for the uses to which products of the same type are ordinarilydestined

Present the usual quality and performance of a product of the same type andthat are fundamentally expected of the same

When this is not the case with respect to the products deliveredto 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 thewebsite, they could present non-homogeneous characteristics as long as theyderive from the type of material with which it has been manufactured, and thattherefore, will be part of the individual appearance of the product, and arenot defective.

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

Whenever the warranty right is exercised, the user must haveretained all the information regarding the product warranty (invoice andwarranty).

VAT refund for travellers resident in non-EUcountries.

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

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