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Terms and Conditions of Purchase, Warranty, Returns and Pre-Orders – Nonbak

These terms and conditions govern the purchase of products through the Nonbak website, including open-water swimming buoys, swimming ponchos, swimming caps, solid cosmetics and any other products offered in the online store.

Before completing a purchase, the customer must read and expressly accept these terms and conditions. Acceptance is given by ticking the corresponding box before proceeding to the payment gateway.

These terms and conditions do not limit any mandatory rights granted to consumers and users under applicable law.

1. Order Information and Acceptance of the Terms and Conditions

When placing an order on the Nonbak website, the customer declares that:

  • a) They have reviewed the main characteristics of the product, including model, colour, size, measurements, composition, basic instructions for use and any other relevant information indicated on the product page.
  • b) They have checked the total order price, applicable taxes, shipping costs and any discounts before completing the purchase.
  • c) They understand that placing an order entails an obligation to pay.
  • d) They accept these Terms and Conditions of Purchase, Warranty, Returns and Withdrawal.
  • e) If purchasing a pre-order product, they expressly accept the specific pre-order conditions set out in the relevant section.

Nonbak may send the customer an order confirmation by email containing a summary of the purchase.

2. Pre-Order Products

If the customer purchases a buoy marked as a pre-order, they expressly acknowledge and accept that the product is not available for immediate shipment.

The stated delivery date is an estimated delivery window based on manufacturing, receipt, logistics preparation and transportation times. Nonbak will make every reasonable effort to meet this delivery window.

If, due to logistical, manufacturing, transportation, customs, force majeure or any other circumstances beyond Nonbak's reasonable control, it is not possible to meet the estimated delivery date, Nonbak will inform the customer as soon as possible. In such cases, the customer may choose to accept a new delivery date or request cancellation of the order and a refund of the amount paid for the undelivered product.

For orders containing both in-stock and pre-order products, Nonbak may ship the complete order once all products are available, unless another shipping option is expressly indicated during the purchasing process.

Purchasing a pre-order product does not guarantee an exact delivery date to the customer's address, as the final delivery time may also depend on the carrier and delivery address.

3. Shipping, Delivery and Transport Issues

The customer must provide complete, accurate and up-to-date delivery information. Nonbak shall not be responsible for delays or issues arising from incorrect or incomplete information or from the absence of the recipient.

If the package arrives visibly damaged, opened, tampered with or showing signs of impact, we recommend that the customer notify Nonbak as soon as possible and, preferably, within the first 24–48 hours after receipt, attaching photographs of the outer packaging, shipping label, product and any visible damage.

This recommendation does not limit the consumer's legal rights, but it facilitates the handling of the claim with the carrier.

If the product received does not correspond to the order placed or has been damaged during transport, Nonbak will handle the incident in accordance with applicable law and may offer replacement, repair, replacement of the product or a refund, where applicable.

The estimated delivery time for orders within Spain (mainland) is 24–48 hours.

4. Legal Guarantee of Conformity

In accordance with applicable consumer protection legislation, Nonbak is liable for any lack of conformity existing at the time of delivery and which becomes apparent within the legally applicable period following delivery of the product.

Where a lack of conformity exists, the consumer is generally entitled to choose between repair or replacement of the product, unless one of these options is impossible or would impose disproportionate costs on Nonbak.

Any measures necessary to bring the product into conformity shall be free of charge to the consumer where legally applicable.

If repair or replacement is not possible, cannot be carried out within a reasonable period, or the legally established circumstances apply, the remedies provided for by law shall apply, such as a price reduction or termination of the contract.

The legal guarantee covers manufacturing defects, material defects, production errors or lack of conformity existing at the time of delivery. It does not cover damage resulting from normal use, wear and tear, improper maintenance, impacts, accidents, incorrect handling or use contrary to the product instructions.

5. What the Warranty Does NOT Cover: Swimming Buoys

Open-water swimming buoys are used in demanding environments, with exposure to salt water, chlorine, sand, sunlight, heat, abrasion and potentially sharp objects. Therefore, damage resulting from the following shall not be considered a lack of conformity covered by the warranty:

a) Normal use and wear

  • Fading or loss of colour intensity due to exposure to sunlight, UV rays, salt water or chlorine.
  • Ageing, hardening or progressive loss of flexibility of materials due to use, sunlight, heat or improper storage.
  • Marks caused by rubbing, abrasion from sand, contact with rough surfaces, dragging or minor scratches.
  • Normal wear of fasteners, handles, straps, valves or contact areas.

b) Improper or non-compliant use

  • Punctures, cuts or tears caused by rocks, shells, hooks, fingernails, sharp objects or cutting surfaces.
  • Damage caused by over-inflation, impacts, excessive twisting or incorrect handling of valves, fasteners, seams or compartments.
  • Exposure to extreme temperatures, such as leaving the buoy in direct sunlight inside a car, near heat sources or storing it while wet for prolonged periods.
  • Damage caused by chemicals, solvents, oils, creams, concentrated chlorine, harsh detergents or non-recommended products.
  • Failure to clean, rinse or dry the product after use.

c) Use as a safety device

Nonbak buoys are designed to improve swimmer visibility and provide occasional flotation support during open-water swimming.

They are not approved lifesaving devices, do not replace a life jacket and do not guarantee the user's safety in the water.

The user must always swim according to their ability, physical condition, weather conditions, sea conditions, local regulations and safety recommendations.

Nonbak shall not be liable for accidents resulting from reckless use, dangerous conditions, lack of supervision or use of the product as a lifesaving device.

d) Waterproof compartment

If the buoy includes a compartment for personal belongings, the customer must close it properly and check its condition before each use.

Nonbak recommends not placing valuables, electronic devices, documents or water-sensitive items inside without additional protection.

Water ingress caused by incorrect closure, overloading, improper handling, wear and tear, impacts, punctures or use contrary to the instructions shall not be considered a manufacturing defect, unless a lack of conformity existing at the time of delivery is demonstrated.

6. What the Warranty Does NOT Cover: Swimming Ponchos

Swimming ponchos are textile garments exposed to moisture, sunlight, sand, salt water, chlorine, frequent washing and intensive use before and after swimming.

The following shall not be considered defects covered by the warranty:

  • Normal wear of the fabric due to use or washing.
  • Progressive loss of softness, colour or fabric volume due to exposure to sunlight, salt water, chlorine or washing.
  • Shrinkage, deformation or deterioration caused by washing at a temperature above that recommended, using a tumble dryer when not indicated, improper ironing or the use of bleach, harsh fabric softeners or unsuitable detergents.
  • Tears, snags, burns, stains, odours, colour transfer or damage caused by use, transportation, damp storage or contact with rough surfaces.
  • Damage caused by failure to follow the washing and care instructions indicated on the product label.

To extend the life of the poncho, it is recommended to rinse or wash it according to the care label, dry it completely before storing it, avoid leaving it damp inside closed bags and avoid prolonged exposure to sunlight or heat sources.

7. What the Warranty Does NOT Cover: Swimming Caps

Swimming caps are subject to tension, chlorine, salt water, friction, pulling and contact with fingernails, hairpins, goggles and other accessories.

The following shall not be considered defects covered by the warranty:

  • Tears or rips caused by fingernails, rings, hairpins, sharp objects or excessive pulling when putting the cap on or taking it off.
  • Deformation, loss of elasticity, stickiness, cracking or deterioration caused by prolonged exposure to sunlight, chlorine, salt water, heat or improper storage.
  • Signs of use, creasing, colour changes or normal wear and tear.
  • Damage resulting from contact with oils, creams, chemicals, solvents or harsh hair products.
  • Use of an incorrect size or forced fitting of the product.

To extend the life of the cap, it is recommended to rinse it with fresh water after each use, dry it in the shade, avoid contact with sharp objects and store it completely dry.

8. Solid Cosmetics: Returns, Hygiene and Product Condition

For reasons of hygiene, safety and health protection, Nonbak will not accept returns under the right of withdrawal for solid cosmetic products that have been opened, unsealed or used, even partially, where they are sealed products that cannot be returned for health or hygiene reasons once unsealed.

This limitation shall not apply where the product arrives damaged, shows an abnormal alteration in odour, condition or appearance, has a manufacturing defect or does not correspond to the product ordered.

In any of these situations, the customer may contact Nonbak, providing the order number and attaching images that allow the issue to be assessed.

Once the case has been reviewed, Nonbak may offer, as appropriate, replacement of the product, a replacement item or a refund of the amount paid.

9. Returns under the Right of Withdrawal for Online Purchases

If the customer has purchased from the Nonbak website as a consumer, they have the right to withdraw from the contract within 14 calendar days of receiving the order, without having to provide a reason.

The consumer may exercise the right of withdrawal by submitting an unequivocal statement before the deadline expires.

For orders containing several products delivered separately, the withdrawal period shall begin on the date the last product is received.

Return costs in case of withdrawal

In the event of withdrawal, the customer shall bear the direct costs of returning the product, unless Nonbak expressly states otherwise or applicable law provides otherwise.

Where legally applicable, the refund shall include all payments received, including standard delivery costs.

If the customer expressly chose a delivery method more expensive than the least expensive standard delivery option, Nonbak shall not be required to refund the additional costs associated with that delivery method.

Nonbak may withhold the refund until it has received the goods or until the customer has provided proof of return, whichever occurs first.

Condition of the returned product

The consumer may only handle the product to the extent necessary to establish its nature, characteristics and functioning.

The customer shall be liable for any reduction in the value of the product resulting from handling beyond what is necessary to establish its nature, characteristics or functioning.

This may include, among other circumstances:

  • Use of the buoy in the sea, swimming pool, lake or river.
  • Presence of salt water, sand, chlorine, moisture, stains, odours or signs of use.
  • Inflation, handling or folding that improperly damages the product.
  • Use, washing, stains, odours or deterioration of ponchos.
  • Use, stretching, tearing, stains or loss of hygiene in swimming caps.
  • Opening, unsealing or use of solid cosmetic products where they cannot be returned for reasons of hygiene or health protection.

In such cases, Nonbak may apply a proportional deduction to the refund for the loss in value of the product, always in accordance with applicable law.

For hygiene, safety and product preservation reasons, we recommend not using the products in water, not removing hygiene seals and not washing or handling them beyond what is necessary if you wish to exercise the right of withdrawal.

10. Free Returns Due to Defect, Lack of Conformity or Transport Damage

The return shall be free of charge to the customer only where it is due to:

  • A manufacturing defect.
  • A lack of conformity covered by the legal guarantee.
  • An incorrect product sent by mistake by Nonbak.
  • A product damaged during transport, provided that the incident is assessed and accepted following the corresponding review.

In these cases, Nonbak shall bear the costs necessary to bring the product into conformity, including legally applicable shipping or transportation costs.

As a general rule, Nonbak may handle the incident by repairing the product, replacing it with a new unit, replacing the product or issuing a refund, as applicable and in accordance with the law.

11. How to Request a Warranty, Return or Withdrawal

To process a warranty claim, return, transport incident or withdrawal request, the customer must contact Nonbak at:

hello@nonbakworld.com

The message must include:

  • Order number.
  • Purchase date.
  • Buyer's first and last name.
  • Reason for the request: warranty, transport, incorrect product, withdrawal or other.
  • Photographs or video of the problem, the complete product, the affected area, the packaging and the shipping label where necessary.
  • Current condition of the product and, where applicable, an explanation of how it was used.

Nonbak may request additional reasonable information to assess the incident, particularly where it is necessary to determine whether it concerns a lack of conformity, transport damage, a manufacturing defect or damage resulting from use.

12. Refunds

Where a refund is applicable, it will be made using the same payment method used by the customer for the purchase, unless expressly agreed otherwise and provided that this does not result in additional costs for the consumer.

The refund shall be made within the legally established periods, once the returned products have been received or once the customer has provided proof of return, where applicable.

In the event of a partial return of an order, only the amount corresponding to the returned product or products shall be refunded, without prejudice to any shipping costs that are legally applicable.

13. Changes of Size, Colour or Model

Changes of size, colour or model shall be subject to stock availability.

Where the change does not result from a defect, lack of conformity or error attributable to Nonbak, the return and new shipping costs may be borne by the customer, unless Nonbak states otherwise in a specific promotion.

Products must be returned unused, unwashed, free from stains and odours, with tags and original packaging and in a condition suitable for resale, unless the change results from a lack of conformity.

14. Responsible Use of Nonbak Products

The customer agrees to use the products according to their nature, instructions for use, warnings, maintenance recommendations and common sense.

For products intended for swimming or outdoor use, the customer must always assess their own physical abilities, environmental conditions, weather, local regulations and associated risks.

Nonbak shall not be liable for damage resulting from negligent or reckless use, use contrary to the instructions, use inappropriate for the user's level or use in dangerous conditions.

This limitation does not exclude or restrict liability that cannot legally be limited in relation to consumers and users.

15. Customer Service and Complaints

For any questions, incidents or complaints, the customer may contact Nonbak at:

hello@nonbakworld.com

Nonbak will endeavour to respond within the shortest reasonably possible timeframe and seek an appropriate solution in accordance with applicable law.

16. Applicable Law

These terms and conditions shall be governed by Spanish law and by the applicable legislation relating to consumers and users, e-commerce and distance contracts.

Nothing in these terms and conditions shall limit any mandatory rights granted to consumers under applicable law.