Terms of service

These General Terms and Conditions of Sale govern purchases made through www.noxsport.com (the “Website”).

By placing an order through the Website, the customer confirms that they have read and accepted these General Terms and Conditions.

1. SELLER IDENTIFICATION

The owner of the Website and seller of the products offered through it is:

JJ BALLVÉ SPORTS, S.L.
Tax ID: B64985708
Registered address: Avenida del Baix Llobregat, 3-5, Edificio 1 SID HQ, Planta 3, 08970 Sant Joan Despí, Barcelona, Spain
Customer Service: +34 934 196 834
Email: atc@noxsport.com

Hereinafter, “NOX”.

2. SCOPE

These Terms and Conditions apply to purchases made through www.noxsport.com.

For the purposes of these Terms, “CUSTOMER” means any natural or legal person placing an order through the Website.

Where the CUSTOMER qualifies as a consumer under applicable law, all mandatory consumer protection rights shall also apply.

NOX may amend these Terms at any time. Any amendments shall apply only to orders placed after their publication and shall not affect orders already accepted.

3. PRODUCT INFORMATION

NOX makes reasonable efforts to ensure that product descriptions, photographs, technical specifications, colours, weights, dimensions and other information are as accurate as possible.

However, minor differences may arise due to screen settings, product updates, manufacturing processes or normal material tolerances.

Images are for illustrative purposes only and do not replace the specifications expressly stated on the product page.

Where a specific characteristic is essential to the purchase decision, the information expressly stated on the product page at the time of ordering shall prevail.

4. PRODUCT AVAILABILITY

All orders are subject to availability.

Availability shown on the Website is regularly updated. However, discrepancies may occasionally occur due to simultaneous sales, synchronisation errors, stock discrepancies or other similar circumstances.

If, after an order has been placed, a product is unavailable, NOX will inform the CUSTOMER as soon as reasonably possible.

Depending on the circumstances, the CUSTOMER may be offered:

• the option to wait for restocking;

• an alternative product of equivalent or higher characteristics, subject to prior CUSTOMER approval;

• a refund for the unavailable product; or

• total or partial cancellation of the order.

Any replacement requires the CUSTOMER’s prior consent.

5. PRICES

The applicable prices shall be those displayed on the Website at the time the order is placed, except in cases of manifest error as provided in these Terms.

Where applicable, prices shall include VAT or other applicable indirect taxes.

Shipping costs and any additional charges shall be displayed before the CUSTOMER completes the order.

Depending on the selected country, prices may be displayed in euros or another available currency.

NOX may change product prices at any time. Price changes shall not affect orders previously accepted by NOX, except in cases of manifest error.

6. MANIFEST PRICING, DISCOUNT OR CONFIGURATION ERRORS

NOX makes reasonable efforts to ensure that prices, promotions, discounts and other commercial information displayed on the Website are correct.

However, typographical, human, technical, system or configuration errors may occasionally occur, including:

• incorrect product prices;

• misplaced decimal points;

• currency conversion errors;

• incorrect tax application;

• incorrect discounts or promotions;

• improper stacking of promotional codes;

• platform synchronisation errors;

• variant configuration errors; or

• failures in third-party systems or applications.

Where a displayed price or commercial condition is manifestly incorrect and can reasonably be recognised as such having regard to, among other factors, the product’s usual price, nature, characteristics and the scale of the discrepancy, NOX may reject or cancel the affected order.

This right may apply even where the system has automatically generated an order-receipt email or a provisional authorisation or charge has taken place.

NOX will notify the CUSTOMER of the issue as soon as reasonably possible.

If any amount has been charged, a full refund will be issued using, where technically possible, the same payment method used for the purchase.

Where possible, NOX may offer the CUSTOMER the option to place a new order at the correct price.

This clause shall not allow NOX to unilaterally modify the price of a validly accepted order where no manifest error or other legally justified reason exists.

7. PURCHASE PROCESS

To make a purchase, the CUSTOMER must select the desired products and add them to the shopping cart.

During checkout, the CUSTOMER shall provide the necessary information to process the order, including, where applicable:

• contact details;

• billing address;

• delivery address;

• shipping method;

• payment method; and

• any other information required to process the order.

Before completing the purchase, the CUSTOMER may review the selected products, quantities, prices, discounts, shipping costs and total amount.

By confirming the order, the CUSTOMER acknowledges that the order entails an obligation to pay.

The CUSTOMER is responsible for ensuring that all information provided is correct and complete.

8. ORDER RECEIPT AND ACCEPTANCE

The display of products on the Website constitutes an invitation to the CUSTOMER to make an offer to purchase and does not itself constitute an irrevocable contractual offer by NOX.

An order placed by the CUSTOMER constitutes an offer to purchase the products included in that order.

Once the order has been received, NOX will automatically send an email confirming receipt.

This email constitutes acknowledgement of receipt only and does not necessarily constitute final acceptance of the order by NOX.

An initial payment authorisation or charge shall not in itself constitute final acceptance of the order.

The sales contract shall be deemed concluded when NOX expressly confirms acceptance of the order or informs the CUSTOMER that the order has been finally prepared for dispatch or shipped, as applicable.

NOX may perform reasonable checks before finally accepting an order.

9. RIGHT TO REFUSE OR CANCEL AN ORDER

NOX may refuse to accept or, where legally permitted, cancel an order before final acceptance where there is an objective and justified reason, including:

• manifest pricing or information errors;

• lack of product availability;

• objective impossibility of supply;

• technical or IT issues affecting the order;

• significant inventory errors;

• incorrect or insufficient delivery information;

• inability to deliver to the selected territory or address;

• inability to validate or authorise payment;

• reasonable indications of fraud or unauthorised payment use;

• fraudulent or abusive use of promotional codes;

• obvious promotional errors;

• duplicate orders resulting from technical issues;

• breach of these Terms by the CUSTOMER; or

• any other circumstance legally justifying refusal or cancellation.

NOX will inform the CUSTOMER where an order is rejected or cancelled.

Where payment has already been taken, the relevant amount shall be refunded in accordance with applicable law.

Nothing in this clause limits any mandatory consumer rights.

10. PAYMENT METHODS

Available payment methods will be shown during checkout and may vary depending on the country, currency or order value.

They may include:

• credit or debit card;

• PayPal;

• Shopify Payments;

• seQura or other deferred-payment services; and

• other payment methods introduced in the future.

Where a third-party payment provider is used, that provider’s own terms may also apply.

NOX does not have access to full payment card details where payment is processed by external payment service providers.

11. SECURITY AND FRAUD PREVENTION

NOX may carry out reasonable checks to prevent fraudulent transactions, unauthorised payment use or unlawful activity.

Where there are reasonable indications of fraud, NOX may request additional information to validate the transaction or refuse the order.

Such checks will be carried out in accordance with applicable data protection legislation.

12. PROMOTIONS AND DISCOUNT CODES

Promotions are subject to the specific conditions applicable to each campaign.

Unless expressly stated otherwise:

• promotional codes may not be combined;

• they are valid only during the stated period;

• they may be limited to specific products, categories, markets or CUSTOMERS;

• they may be personal where specified; and

• they may not be exchanged for cash.

NOX may cancel the application of a promotion in cases of manifest error, fraud, misuse or use contrary to the applicable promotional conditions.

The end of a promotion shall not affect validly accepted orders, except in cases of manifest error.

13. PROMOTIONAL GIFTS

Where a promotion includes a gift, this shall be subject to availability.

If the advertised gift becomes unavailable, NOX may provide an alternative item of equivalent or higher characteristics or value.

Promotional gifts are not redeemable for cash.

Where the CUSTOMER withdraws from a purchase that entitled them to a promotional gift, the gift must also be returned if the promotion was conditional upon purchasing the returned products.

If the gift is not returned, NOX may take its value into account when processing the refund where legally permitted.

14. PRE-ORDERS

Certain products may be sold as PRE-ORDER, ADVANCE ORDER or equivalent.

In such cases, the date indicated on the product page shall be an estimated availability or dispatch date unless expressly stated to be guaranteed.

Pre-order dates may be affected by production, transport, customs, import or other logistical circumstances.

Where a significant delay occurs, NOX will inform the CUSTOMER and provide the options required under applicable law.

Where an order contains both pre-order and in-stock products, the entire order may be shipped together once all items become available unless otherwise stated during checkout.

15. DELIVERY AREAS

NOX delivers only to countries and territories enabled in the country selector and checkout process.

Available delivery markets may change for future orders due to logistical, commercial, regulatory or transport restrictions.

The CUSTOMER is responsible for selecting the correct country corresponding to the delivery address.

NOX shall not be required to deliver to a country different from that selected during checkout.

16. SHIPPING AND DELIVERY TIMES

Available shipping methods, costs and estimated delivery times will be displayed during checkout or in the Shipping Policy.

Delivery times are generally estimates unless expressly stated otherwise.

Where specified, delivery periods shall be calculated in business days.

Delivery may be affected by:

• public holidays;

• periods of high demand;

• promotional campaigns;

• logistics incidents;

• customs procedures;

• weather events;

• strikes;

• force majeure; or

• circumstances outside NOX’s reasonable control.

This is without prejudice to any mandatory delivery periods or consumer rights under applicable law.

17. DELIVERY ADDRESS

The CUSTOMER must provide a complete and accurate delivery address.

NOX shall not be liable for delays or failed deliveries directly caused by incorrect or incomplete information supplied by the CUSTOMER.

Where possible, the CUSTOMER should contact Customer Service as soon as possible to request any address change before dispatch.

Once an order has been handed over to the carrier, NOX cannot guarantee that the delivery address can be changed.

18. DELIVERY AND TRANSFER OF RISK

For consumer sales, the risk of accidental loss or damage shall pass to the CUSTOMER when the CUSTOMER, or a third party nominated by them other than the carrier, takes physical possession of the goods, subject to any legal exceptions.

The CUSTOMER should notify NOX of any delivery issue as soon as reasonably possible.

19. CUSTOMS, DUTIES AND IMPORT TAXES

Certain deliveries outside the applicable customs or tax territory may be subject to duties, import taxes, local taxes, administrative fees or other charges.

Unless expressly stated during checkout that such charges are included, they shall be the responsibility of the recipient.

The CUSTOMER is responsible for checking any import requirements applicable in the destination country.

NOX does not control charges imposed by customs authorities in the destination country.

20. RIGHT OF WITHDRAWAL

Where the CUSTOMER qualifies as a consumer, they may exercise the statutory right of withdrawal within the legally applicable period.

Without prejudice to the statutory minimum period, NOX may commercially offer a longer return period subject to the conditions set out in the applicable Returns Policy.

To exercise the right of withdrawal, the CUSTOMER must clearly communicate their decision to withdraw within the applicable period.

The CUSTOMER may use NOX’s return portal or any other legally valid method allowing the communication to be evidenced.

No reason for the withdrawal is required.

21. CONDITION OF RETURNED PRODUCTS

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

The CUSTOMER shall be responsible only for any diminished value resulting from handling beyond what is necessary for such inspection.

Customers are encouraged to retain and return, where possible, the original packaging, labels, accessories, documentation and other included items, as these facilitate return processing.

Lack of original packaging shall not automatically result in loss of the statutory right of withdrawal, without prejudice to any legally applicable deduction for diminished value.

22. RETURN COSTS

Where the CUSTOMER voluntarily exercises the right of withdrawal, direct return costs may be borne by the CUSTOMER where they have been informed in advance and this is legally permitted.

Where the return results from an incorrect, defective, damaged or non-conforming product and responsibility lies with NOX, the necessary costs of bringing the product into conformity shall be borne by NOX in accordance with applicable law.

Specific methods, costs and conditions shall be set out in the Returns Policy.

23. REFUNDS

Where a refund is due following exercise of the statutory right of withdrawal, NOX will refund the relevant amounts within the legally established period.

The refund will be made, unless otherwise expressly agreed or technically impossible, using the same payment method used for the original transaction.

Where legally permitted, NOX may withhold the refund until it has received the goods or the CUSTOMER has supplied evidence of having returned them, whichever occurs first.

Where the CUSTOMER has expressly selected a more expensive delivery method than the standard delivery offered by NOX, NOX shall not be required to refund the additional cost where legally permitted.

24. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal shall not apply in the cases established by applicable law.

These may include, where relevant:

• goods made to the CUSTOMER’s specifications or clearly personalised;

• sealed goods unsuitable for return for health protection or hygiene reasons once unsealed after delivery; and

• any other legally established exception.

Any exception shall be assessed according to the nature of the specific product.

25. STATUTORY WARRANTY OF CONFORMITY

Consumers are entitled to the statutory warranty of conformity provided under applicable law.

For new goods sold to consumers in Spain, NOX shall be responsible for any lack of conformity that becomes apparent within three years from delivery.

Unless proven otherwise and subject to any statutory exceptions, lack of conformity appearing within two years from delivery shall be presumed to have existed at the time of delivery.

Where a lack of conformity exists, the consumer shall be entitled to the remedies provided by law, which may include:

• repair;

• replacement;

• price reduction; or

• termination of the contract.

These remedies shall apply subject to the conditions, priorities and exceptions established by applicable law.

The statutory warranty shall be free of charge for the consumer as legally required.

26. PRODUCTS NOT PURCHASED FROM NOXSPORT.COM

Where a NOX product has been purchased through a retailer, distributor, marketplace or other seller different from www.noxsport.com, the sales contract shall have been entered into with that seller.

In such cases, the initial handling of rights arising from the purchase should be carried out through the relevant retailer or seller, without prejudice to any rights the law may grant against the manufacturer or producer.

27. MISUSE AND NORMAL WEAR

The statutory warranty does not cover damage that does not constitute a lack of conformity existing at the legally relevant time.

This may include, where proven to be the cause:

• normal wear and tear;

• impacts;

• abrasions;

• cuts;

• use contrary to product instructions;

• unauthorised modifications;

• improper exposure to temperature, moisture or external agents;

• incorrect storage; or

• use for purposes incompatible with the product’s characteristics.

Each claim shall be assessed individually.

28. CUSTOMER SERVICE AND COMPLAINTS

For questions regarding orders, returns, warranties or complaints, the CUSTOMER may contact:

JJ BALLVÉ SPORTS, S.L.
Email: atc@noxsport.com
Telephone: +34 934 196 834

Where possible, the relevant order number should be provided.

NOX will endeavour to respond within a reasonable period.

29. LIABILITY

NOX shall be responsible for complying with its obligations under these Terms and applicable law.

Nothing in these Terms is intended to exclude or limit any mandatory rights available to consumers.

NOX shall not be liable for delays or failures caused by circumstances beyond its reasonable control where such exclusion is legally permitted.

30. FORCE MAJEURE

NOX shall not be liable for delays or failures caused by extraordinary and unforeseeable events outside its reasonable control, including:

• natural disasters;

• armed conflicts;

• public authority decisions;

• epidemics or public health emergencies;

• general or sector-specific strikes;

• major logistics disruptions;

• serious transport interruptions;

• widespread telecommunications failures;

• fires;

• floods; or

• similar circumstances.

Where such circumstances materially affect an order, NOX will inform the CUSTOMER and take reasonable measures to minimise their effects.

31. DATA PROTECTION

Personal data provided by the CUSTOMER shall be processed in accordance with the Privacy Policy available on the Website and applicable data protection legislation.

32. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website content, including trademarks, trade names, logos, designs, texts, photographs, graphics, videos and other protected materials, is owned by NOX, its licensors or third parties who have authorised its use.

Unauthorised use may infringe intellectual or industrial property rights.

33. SEVERABILITY

If any provision of these Terms is declared wholly or partially invalid, unlawful or unenforceable, this shall not affect the validity of the remaining provisions.

Where possible, the affected provision shall be interpreted or replaced by a valid provision producing an equivalent result within the limits permitted by law.

34. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by Spanish law, without prejudice to any mandatory consumer protection laws applicable in the CUSTOMER’s country of residence.

Where the CUSTOMER is a consumer, any dispute shall be submitted to the courts having jurisdiction under applicable law.

Nothing in these Terms requires consumers to submit to courts other than those legally competent.

Where the CUSTOMER acts exclusively as a business or professional and the law permits jurisdiction to be agreed, the Courts of Barcelona shall have jurisdiction unless otherwise agreed.

35. CONSUMER RIGHTS PREVAIL

Nothing in these Terms shall be interpreted as a waiver or limitation of mandatory consumer rights.

Where any provision conflicts with mandatory consumer law, the mandatory legal provision shall prevail.

36. APPLICABLE VERSION

The version applicable to each purchase shall be the version published and in force on the Website at the time the CUSTOMER places the order.

CUSTOMERS are advised to retain a copy of the Terms applicable to their purchase.