Terms of service

Terms and Conditions

The website https://nomellamo.com is a virtual store of the NOMELLAMO brand, property of NOMEBOTE S.A., which is a registered company in the Republic of Costa Rica, with the legal entity identification number 3-101-548484, domiciled in Number 79, 61st Avenue, between 59th and 61st Street, San Vicente, Moravia, San José, e-mail info@nomellamo.com, and phone (506) 2236-5152. For the purposes of this document, it shall be known as “NOMELLAMO”.

By using our website https://nomellamo.com (henceforth the “Site”) and/or using or accessing the information displayed on it, and/or purchasing any product from our website, you agree to have studied and understood all the terms and conditions described in this document (henceforth “Terms and Conditions”) such as, but not limited to, conditions of use, means for notification, and responsibility exemption clauses; and you declare to be in agreement with each of them.

You also agree to follow the instructions of the correct use of the Site, and thus, of the services offered herein. If you do not agree with these Terms and Conditions, we ask that you refrain from accessing and using the Site, its content, information, and/or the services/products offered herein.

These Terms and Conditions may change at any point in the future. For this reason, using the services of https://nomellamo.com at a later time will imply your acceptance of any changes that may have occurred. It is your obligation as the User to study and accept the Terms and Conditions each time you access and/or use the Services of NOMELLAMO.

First Clause: The User

Any person over the age of 18, with legal capacity to celebrate contracts, who places an order on the Site or subscribes to receive information, and who declares having read, understood, and accepted these Terms and Conditions, may use the services offered by NOMELLAMO through the Site, and will hereinafter be known as the “User”.

To be able to provide the services mentioned in the next clause, and notwithstanding other additional data that may be requested, the User must provide certain information that may include the following: User’s full name, e-mail address, phone number, and full address (henceforth known as “User’s Information”).

The User must provide true and accurate information and must guarantee that the data supplied is enough to identify and/or locate them. Any inaccuracy in the User’s Information that prevents identifying or locating them, as well as having provided any false information, will entitle NOMELLAMO to not fulfil a requested service and/or to not continue providing services to the User, without any type of liability for NOMELLAMO.

Navigation on our Site is not conditioned to a User’s prior registration.

Second Clause: About the Services

The services offered by NOMELLAMO on its Site are as follow:

Purchasing of products: By means of the Site, the User may acquire any of the products listed as available in the online store. The Site provides clear, precise, and easily accessible information regarding the products on display.
Promotional information: By means of the Site, the User may subscribe to receive via e-mail information on new items, store sales, and any other relevant information. This subscription will be free of cost.

Third Clause: Prices and Payment

3.1 Prices: The Site provides clear information on the Price of each item. When placing an order, the price will be shown with all additional costs, such as taxes and shipping costs. Before confirming the transaction, this information will appear properly broken down, indicating the total amount of the purchase. The User accepts having verified the prices and additional costs of their order when confirming the order. In the case of international orders, the User accepts that they may be charged additional fees by the authorities of the receiving country, such as customs duties and local taxes that are not included in the amount charged by NOMELLAMO.

3.2 Currency: The User understands and accepts that the prices of the items and all additional costs are listed and charged in US Dollars.

3.3 Payment Methods: The User may pay for their online purchases by means of a debit or credit card (through the 2checkout system), PayPal, bank transfer, or SINPE Movil (in Costa Rica). Payment must be credited before the product is dispatched. The User agrees to not make charges against the card. When concluding the online purchase process, the User will always receive a confirmation to their registered e-mail.

3.4 Data Verification: The User will be responsible for having verified all the information on the order, so as to not incur in any errors, providing all the required information correctly, and understanding and accepting the Terms and Conditions of the purchase.

3.5 Failures in Payment Processor or Banking Entity: NOMELLAMO will not be accountable for problems derived from failures in the banking entity’s system through which payment is intended. In these cases, the User must contact their service provider to correct the problem and be able to complete their purchase.

Fourth Clause: Confirmation Process and Perfection of the Contract

4.1 Confirmation Process: Before confirming an order, NOMELLAMO will present the User with a summary of their transaction, including the list of items to be purchased, the estimated delivery time, price, any additional costs, and the total amount. The User will be able to review all the information, modify the order, and decide to continue with the transaction or abstain from completing it.

4.2 Perfection or Birth of the Contract: The purchase agreement celebrated through the Site will be perfect from the moment of the User’s acceptance of the transaction. Once perfected, NOMELLAMO will send the User a complete, precise, and long-lasting receipt as proof of the transaction.

Fifth Clause: Shipping

5.1 International Shipping: NOMELLAMO delivers everywhere in the world, using the services of DHL. The estimated delivery time will depend on the destination of the product, as shown:

Destination	Delivery times (in business days)
Central American and Miami, USA	1 day
North America, South America, and the Caribbean	1-2 days
Asia and Europe	3-4 days
Rest of the world	4-5 days

International shipping costs will depend on the country of destination, as well as the weight and dimensions of the products. By inputting the pertinent data, the User will be able to see –before placing their order– the exact amount that will be charged for this concept.

In international orders, the User accepts that they may be charged additional fees by the authorities of the receiving country, such as customs duties and local taxes that are not included in the amount charged by NOMELLAMO. NOMELLAMO will not be accountable for these additional charges, or for any delays in the delivery time of an order due to customs procedures.

5.2 Local Shipping: For shipping in Costa Rica, NOMELLAMO uses the services of MASH. Up until 3 kg, if the delivery is within the Greater Metropolitan Area, the shipping cost will be $4, and outside of the Greater Metropolitan Area, the cost will be $6. In both cases, the estimated delivery time will be 3 business days. When the package exceeds 3 kg, the User will be charged $2 per additional kg up until a maximum of 5 kg.

5.3 Shipping Confirmation: Orders are sent out Monday to Friday. Once an order is ready to be shipped out, NOMELLAMO will send the User an e-mail with the corresponding tracking number and the estimated delivery time.

Sixth Clause: Right of Withdrawal (Conditions, Timeframe, and Procedure)

The User will have the right to rescind the contract during the first 8 business days after placing the order. In order to do son, they must write to the e-mail info@nomellamo.com and request the execution of their right of withdrawal, along with the following information:

Full name and e-mail address
Order number
Indication of item

If the User has already received the item, they must indicate so in their e-mail, and return it without use and in the same condition as it was delivered, including packaging and accessories. Item must be returned to: Number 79, 61st Avenue, between 59th and 61st Street, San Vicente, Moravia, San José, Costa Rica. Return costs will be the responsibility of the User.

A full refund will be made by NOMELLAMO in the term of 8 natural days, through the same means used to make the original payment. This term will be counted from the day after NOMELLAMO receives notice of the User’s request to execute their right of withdrawal, unless the User already has the item, in which case, this term will start on the day following its return in optimal condition.

If the User personally receives the item after having sent notice to execute their right of withdrawal, said notice shall be deemed as not established and the contract will be considered ratified.

Upon expiration of this term, NOMELLAMO will not accept any other returns or conduct any refunds, except for warranty claims as described in the following clause.

Seventh Clause: Aftersales service and warranty claims

7.1 Contact: For aftersales service, presentation of complaints or claims, the User may write to: info@nomellamo.com.

7.2 Response Times: NOMELLAMO will aim to respond in the least time possible but will legally have up to 10 business days to answer claims.

7.3 Warranty: All items sold on this Site will have a 30-business-day warranty counted from the delivery of the product. This warranty covers manufacturing defects or differences in sizes and will not be applicable in the case of product misuse. Being handcrafted products, items may vary slightly in appearance which we consider part of their character and personality, and therefore we do not consider these variations as defects. To claim the warranty, the User must write to the e-mail address stated in section 7.1 and return the item with all its accessories to NOMELLAMO: Number 79, 61st Avenue, between 59th and 61st Street, San Vicente, Moravia, San José, Costa Rica. Return costs will be the responsibility of the User. NOMELLAMO recommends using a shipping method that has a tracking number so as to be able to check the status of the delivery. Once the item is received, NOMELLAMO will conduct a diagnosis on the item and the probable causes for its damage and will inform the User of the results. If the claim is verified, the User will be entitled to one of the following options: (i) a full refund, (ii) exchanging the item for another product on the Site, or (iii) the repair of the item free of cost. If the item is exchanged for another, the warranty will be renewed for another 30 business days.

7.4 Refunds: Once the item is received and inspected, NOMELLAMO will e-mail the User to notify them if their request has been approved or denied. If it is approved, a credit will be applied to the original payment method or credit card used. However, the User must take into consideration that the banking entity may take some time processing refunds, which falls beyond NOMELLAMO’s control. Therefore, if the User has not received their refund, we recommend contacting the banking entity or credit card issuer.

7.5 Repair of an Item: If the User requests the repair of an item, it will be done in the maximum term of 15 natural days. Shipping times are not included within this term, for they will depend on the destination. Shipping expenses for the repaired item will be covered by NOMELLAMO.

7.6 Other Item Exchanges: The User may request to exchange an item within the same 30-business day term if they are not satisfied with the product or if it was received as a gift and they already had one just like it. In these cases, and when returning an item to exchange it for one in a different size, the User must return the unused item to the address indicated in section 7.3 and cover the shipping expenses for the new item. No other returns or exchanges will be admitted except for the ones expressly listed in these Terms and Conditions.

Eighth Clause: About Consent on Storage and Use of Personal Data

The User freely and expressly consents that their full name, exact address, e-mail address, as well as any other information that is required to complete an order, will be used and stored by NOMELLAMO.

Unless the Site so indicates, all data fields in the purchasing process are required to be able to complete the order. The omission or inaccuracy of any data field may imply that we will not be able to complete the requested Services.

The User hereby grants their express consent that NOMELLAMO may use their personal data to send them promotional information (news, sales, products, event invitations), notifications on changes to our Terms and Conditions, electronic billing, order confirmations, and any other information or formal notification that NOMELLAMO may need to send the User. These may be sent out by e-mail, SMS, or any other means of communication.

At any time, the User may exercise the right of access, rectification, cancellation, and opposition, as well as revoke their consent for the commercial treatment of their data, by sending an e-mail stating so to info@nomellamo.com.

For further details, please see our Privacy Policy here.

Ninth Clause: Use of Cookies

This Site uses cookies. A cookie is a text file that a website stores on your browser when you visit almost any website. This makes the site able to remember you when you next visit the site, to adapt its content to your profile and needs. Our cookies are used to analyze your way of interacting with our website, thus optimizing our services and improving your experience. For further information on the cookies we use, see the section on cookies in our Privacy Policy here.

Tenth Clause: General Browsing

People may browse through the Site without providing personal information. In such cases, the website’s servers will gather the IP address of the computer used but not the person’s e-mail address or any other personal information. This information is aggregated to measure the number of visits, the average time people spend on the website, the pages browsed, etc. NOMELLAMO uses this information to optimize the services we offer and to improve the Users’ experience on our website.

Eleventh Clause: Intellectual Property

NOMELLAMO is the sole and exclusive owner of the intellectual property rights over the contents of the website https://nomellamo.com, including but not limited to its graphic design, ideas, products, distinctive signs (brands and commercial names), underlying programming and/or software (including source code), texts, graphics, photographs, videos, etc.

The use of this website by the User does not in any way imply a transfer of any intellectual and/or industrial property right over the website, its contents, and/or the distinctive signs of NOMELLAMO. To this effect, the reproduction, transformation, distribution, public communication, making available, extraction and/or reutilization of the website, its contents, and/or NOMELLAMO’s distinctive signs is expressly prohibited.

The User may post on the Site reviews on the products they have purchased. By posting content or any material on the Site https://nomellamo.com, the User grants NOMELLAMO a non-exclusive, free of charge or royalties, perpetual and irrevocable authorization and/or license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and exhibit said content anywhere in the world and by any means, tangible or intangible. Furthermore, the User grants NOMELLAMO the right to use the name, image, and/or any content that the User sends, uploads, or posts on said website. The User states and guarantees that they are the owner or have the necessary rights on the posted content, that the use of said content does not infringe on any third party’s intellectual property rights and will not cause damage to any person or entity. The User hereby transfers any rights to the image and/or voice that appears on their posted content on this Site. The User expressly relieves NOMELLAMO of any and all responsibility related to the posted content. NOMELLAMO reserves the right to control and edit or delete, at its sole discretion, any activity or content posted by the User. NOMELLAMO will not be accountable and will take no responsibility over content posted by the User or any third-party.

Twelfth Clause: Responsibility in regard to the Use of the Services

All Users accept their responsibility for any illegal or non-permitted activity in accordance with these Terms of Conditions on NOMELLAMO’s website.

The User releases NOMELLAMO from any responsibility for damages caused by an improper or incorrect use of the Site by the User. Moreover, NOMELLAMO reserves the right to reject a purchase, at its sole discretion, especially when it suspects any irregular activity or the use of the Site for purposes other than those provided herein.

NOMELLAMO may close or restrict the User’s access to the services if any improper use of the Site and/or its services is detected, understood as but not limited to, the following activities:

Using the Site for purposes different than those authorized in these Terms and Conditions.
Providing false or inaccurate information.
Using automated mechanisms or tools, or similar technology, to extract, obtain or gather, directly or indirectly, any information contained in the Site.
Any attempt to modify, adapt, translate, or convert the format or computer programs of the Site or its content.
Using the HTML codes available to a third party.
Copying, imitating, replicating for their use on mirror servers, reproducing, distributing, publishing, downloading, exhibiting or transmitting any content from the Site (including registered trademarks) in any way or by any means; this restriction includes but is not limited to electronic means, mechanical means, photocopies, recording, or any other.
Accessing data not destined for the User or signing into a server or account for which the User has no authorized access.
Attempting to interfere with the service to any other User, guest, or network, including but not limited to, sending viruses to the Site, overloading, flooding, spamming, or bombardment of mail or failures.
Sending unsolicited mail, including promotions and/or advertising of products or services.
Falsifying any TCP/IP header or any part of the header information in any e-mail or newsgroup.
Any attempt or successful realization of fraudulent activities, such as falsification of identity.

Thirteenth Clause: Links to Other Pages

NOMELLAMO may post on the Site links to other websites. The User expressly accepts that NOMELLAMO is not responsible for the content of such websites or the veracity or accuracy of the information contained therein.

The User and, in general, any person or legal entity that wishes to post a link on their website to https://nomellamo.com, must obtain prior written authorization from NOMELLAMO. The establishment of such a link does not imply the existence of a relationship between NOMELLAMO and the owner or holder of the other website, nor the acceptance or responsibility of NOMELLAMO over its content or services.

Fourteenth Clause: Disclaimer

The User acknowledges and accepts that the use of the Site is carried out at all times at their own risk and responsibility. NOMELLAMO will not be responsible for the improper user of the website https://nomellamo.com.

NOMELLAMO will not be liable for any kind of damages caused to the electronic equipment of the User (computer, phone, tablet, or other) by viruses, worms, or any other damaging element. The User acknowledges that the use of the Internet purports the assumption of risk to their equipment due to any of the aforementioned elements. To this effect, it falls to the User to find and possess the adequate tools for the detection and elimination of damaging electronic programs that may pose a risk to their computer equipment.

NOMELLAMO will hold no responsibility when there is a case of force majeure, unforeseeable events, or new governmental legislation, regulations, or restrictions of any kind that prevent it from executing its obligations.

Fifteenth Clause: General Aspects

16.1 Titles or Headings: The titles used to head each clause in this document are included to facilitate its reading and should not be considered as part of the text for the purposes of its execution or interpreting its content.

16.2 Nullity: If any provision in this document were declared void or voidable by judicial or arbitral authority, it will be deemed as not established, but its omission will not affect or limit the legality and validity of the rest of the Terms and Conditions.

16.3 Applicable Legislation: The use of this Site will be governed and interpreted in accordance with Costa Rican legislation. Any conflict, controversy, or difference that may arise relating to or deriving from the relationship between NOMELLAMO and the User, or any third party that uses the website https://nomellamo.com, will be resolved by the Courts of Justice of the Republic of Costa Rica.

Any questions or queries on the scope and interpretation of these Terms and Conditions may be addressed to info@nomellamo.com. The response to these questions will not imply a complete or partial modification of this document or a waiver from complying with it.