GENERAL CONTRACT CONDITIONS
Introduction
This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website zurecosmetics.es/, property of JENNIFER JIMENEZ DÍAZ under the trademark of ZURE COSMETICS, hereinafter, PROVIDER, whose data contact information are also included in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by JENNIFER JIMENEZ DÍAZ. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable. JENNIFER JIMENEZ DÍAZ will file the electronic document where the purchase is formalized and will have it available to the USER in case the USER requests it.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document means that the USER:
- You've read, you understand and you're agree with this text.
- It is a person with sufficient capacity to hire.
- Assume all obligations set out here.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products hired by the USER is JENNIFER JIMENEZ DÍAZ, with registered office at C. Juan Dorta Avila, 1 - Local 5 38107 Santa Cruz (Santa Cruz De Tenerife), NIF 42224570C and with customer service telephone number 693774311.
And on the other hand, the USER, registered on the website through a username and password , over which you have full responsibility for use and custody, and are responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process. The contractual relationship of sale entails the delivery, in exchange for a determined price and publicly displayed through the website, of a specific product .
Data rectification
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the email info@zurecosmetic.es so that JENNIFER JIMENEZ DÍAZ can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Hiring procedure
The USER, in order to access the products or services offered by the PROVIDER, You must be of legal age or an emancipated minor and register through the website by creating a user account . Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal and detailed data in the Legal Notice and Privacy Policy of this website.
The USER will select a username and a password , committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or the possible access by an unauthorized third party, so that This proceeds to immediate blocking.
Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Shipping and delivery of orders.
- Right of withdrawal.
- Claims and online dispute resolution.
- Force Majeure.
- Competence.
- Generalities of the offer.
- Price and validity period of the offer.
- Transportation expenses.
- Payment method, expenses and discounts.
- Purchasing process.
- Dissociation and suspension or termination of the contract.
- Guarantees and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
THE PROVIDER will not send any order until it has verified that payment has been made.
Shipments of merchandise will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Shipping will be made once the availability of the merchandise has been confirmed and payment for the order has been verified.
The delivery time will be between 2 and 6 business days, depending on the destination population and the chosen payment method . The expected shipping and delivery date will be provided prior to order confirmation.
Failure to execute the remote contract
If the contract cannot be executed because the contracted product or service is not available within the expected period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without resulting in any liability for damages attributable to the PROVIDER. In the event of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to his or her right to be compensated for damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document.
The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple statement, demand the rectification of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER will have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product , but rather a download activation on a website, the PROVIDER will inform the USER in advance regarding the procedure that must be followed to carry out this download.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://zurecosmetics.es//formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase-sale contract if it were a service provision, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period (article 103 of RDL 1/2007, of November 16 , which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws).
The right of withdrawal will not be applicable (art. 103 RDL 1/2007, of November 16) to contracts that refer to:
a) The provision of services, once the service has been completely executed, when the execution has begun, with prior express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by the employer, he will have lost his right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
c) The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of goods that, after delivery and taking into account their nature, have been inseparably mixed with other goods.
g) 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 within 30 days, and whose real value depends on market fluctuations that the businessman cannot control.
h) Contracts in which the consumer and user have specifically requested the businessman to visit them to carry out urgent repair or maintenance operations; If, during that visit, the businessman 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 said additional services or goods. .
i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
j) The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts concluded through public auctions.
l) The supply of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
m) The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.
All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to info@zurecosmetic.es, indicating the corresponding invoice or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of .....€ to the USER, previously informing it through the same communication channel used.
Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation costs at their expense , at the address of JENNIFER JIMENEZ DÍAZ, C. Juan Dorta Avila, 1 - Local 5 38107 Santa Cruz (Santa Cruz De Tenerife)
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postcard: JENNIFER JIMENEZ DÍAZ, C. Juan Dorta Avila, 1 - Local 5 38107 Santa Cruz (Santa Cruz De Tenerife)
Telephone: 693774311
Email: info@zurecosmetic.es
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of JENNIFER JIMENEZ DÍAZ or what is stipulated herein will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable . These prices, unless expressly indicated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.
Once the order is placed, prices will be maintained whether products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number 693774311 or via email to the address info@zurecosmetic.es.
9. TRANSPORTATION EXPENSES
The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.
The maximum transport rate (VAT included) applied is the following:
- Peninsula up to 2 Kg: .......... €
- Peninsula > 2 Kg up to 10 Kg: .......... €
- Peninsula > 10 Kg: .......... €
- Outside the peninsula up to 2 Kg: .......... €
- Outside the peninsula > 2 Kg up to 10 Kg: .......... €
- Outside the peninsula > 10 Kg: .......... €
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:
- Credit card
- PayPal
The USER may use a discount coupon at the time prior to completing the purchase if it has been received by the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. data. To achieve these purposes, the user/client accepts that the provider obtains data for the corresponding authentication of access controls. The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them. The sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards is prohibited under the card brand programs.
11. PURCHASE PROCESS
Any product from our catalog can be added to the cart. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, the charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.
From the basket you can place an order by following the following steps for its correct formalization:
- Checking billing information.
- Checking the shipping address.
- Selection of payment method.
- Place the order (buy).
Once the order is processed, the system sends instantly an email to the management department of the PROVIDER and another to the USER's email confirming the placement of the order.
Orders (purchase requests)
Prior to order confirmation, information regarding the status of the order and the approximate shipping and/or delivery date will be provided.
12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services and training, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive. , code of practices or policies that are applicable.
When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to THE PROVIDER.
13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws :
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that comply with the contract, answering to him for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
1. Contracts for the sale of products and contracts for the supply of products to be produced or manufactured are included in the scope of this title.
2. The provisions of this title will not apply to products acquired through judicial sale, to water or gas, when they are not packaged for sale in a limited volume or determined quantities, and to electricity. Nor will it apply to second-hand products purchased at an administrative auction to which consumers and users can attend in person.
Article 116. Compliance of the products with the contract.
1. Unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:
a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
b) They are suitable for the uses to which products of the same type are ordinarily intended.
c) Are suitable for any special use required by the consumer and user when this has been made known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for said use.
d) They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public declarations on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labeling. The seller will not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not influence the decision to purchase. the product.
2. The lack of conformity resulting from incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the sales or supply contract regulated in article 115.1 and has been carried out by the seller or under his/her authority. responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
3. There will be no liability for lack of conformity that the consumer and user knew or could not have reasonably ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the correction of hidden defects in the sale.
In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages derived from the lack of conformity.
Article 118. Responsibility of the seller and rights of the consumer and user.
The consumer and user has the right to repair the product, replace it, reduce the price or terminate the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
1. If the product does not comply with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicate the chosen option to the seller, both parties must adhere to it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into compliance with the contract.
2. The form of correction that, in comparison with the other, imposes costs on the seller that are not reasonable will be considered disproportionate, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether The alternative form of sanitation could be carried out without major inconveniences for the consumer and user.
To determine whether the costs are unreasonable, the expenses corresponding to one form of remediation must also be considerably higher than the expenses corresponding to the other form of remediation.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement will comply with the following rules:
a) They will be free for the consumer and user. Said gratuity will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) They must be carried out within a reasonable period of time and without major inconveniences for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
c) The repair suspends the calculation of the deadlines referred to in article 123. The suspension period will begin from the moment the consumer and user makes the product available to the seller and will conclude with the delivery to the consumer and user of the already repaired product. During the six months following delivery of the repaired product, the seller will be responsible for the lack of conformity that motivated the repair, presuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) If the repair is completed and the product is delivered, it continues to be non-compliant with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract under the terms provided in this chapter.
e) The substitution suspends the deadlines referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In any case, article 123.1, second paragraph, will apply to the substitute product.
f) If the replacement fails to bring the product into compliance with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract under the terms provided in this chapter. .
g) The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products. Article 121. Price reduction and termination of the contract
Article 121. Price reduction and termination of the contract.
The price reduction and the termination of the contract will proceed, at the discretion of the consumer and user, when the latter could not demand the repair or replacement and in cases in which these have not been carried out within a reasonable period of time or without major inconveniences for the user. consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.
NOTE according to art. 108.2: The USER is informed that they will only be responsible for the decrease in value of the goods resulting from their handling other than that necessary to establish their nature, characteristics or operation. In no case will he be responsible for the decrease in value of the goods if the businessman has not informed him of his right of withdrawal in accordance with article 97.1.i).
Article 122. Criteria for price reduction.
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.
Article 123. Deadlines.
1. The seller is responsible for any lack of conformity that appears within a period of two years from delivery. In second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery. Unless proven otherwise, it will be presumed that the lack of conformity that appears within six months after the delivery of the product, whether new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is deemed to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
3. The seller is obliged to deliver to the consumer or user who exercises their right to repair or replacement, documentary justification of the delivery of the product, stating the delivery date and the lack of conformity that causes the exercise of the right. Likewise, together with the repaired or replaced product, the seller will provide the consumer or user with documentary justification of the delivery stating the date of delivery and, where applicable, the repair carried out.
4. The action to claim compliance with the provisions of Chapter II of this title will expire three years from the delivery of the product.
5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with said deadline will not entail the loss of the right to the corresponding sanitation, with the consumer and user being responsible, however, for any damages or losses actually caused by the delay in communication.
Unless proven otherwise, it will be understood that the communication between the consumer and user has taken place within the established period.
Article 124. Action against the producer.
When it is impossible or an excessive burden for the consumer and user to contact the seller due to the lack of conformity of the products with the contract, they may complain directly to the producer in order to obtain replacement or repair of the product.
In general, and without prejudice to the fact that the producer's responsibility ceases, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer will be responsible for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and the standards that regulate them.
Whoever has responded to the consumer and user will have a period of one year to repeat this to the person responsible for the lack of conformity. This period is computed from the moment in which the cleanup was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. Any controversy that may arise from the provision of the products or services that are the subject of these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation or the place where the property is located if it is real estate.
Thank you.
JENNIFER JIMENEZ DÍAZ
C. Juan Dorta Avila, 1 - Local 5 38107 Santa Cruz (Santa Cruz De Tenerife)