GENERAL CONDITIONS OF SALE ELGIO COSMETICS

www.elgiocosmetics.com

1. GENERAL INFORMATION 

The ownership of this website www.elgiocosmetics.com, (below the Website) is held by: ELGIO COSMETICS, S.L., with NIF: ESB67527242 and registered in: Barcelona Mercantile Registry; and whose registration data are: volume 47114, sheet 114, page B 541632, and whose contact details are: 

Address: C / Sant Francesc 26, 08197 Valldoreix, Spain

Contact email: info@elgiocosmetics.com

This document (as well as other documents mentioned here) governs the conditions governing the use of this Website (www.elgiocosmetics.com) and the purchase or acquisition of products and / or services contained therein (below, Terms). 

For the purposes of these Conditions, it is understood that the activity that ELGIO COSMETICS develops through the Website includes: 

The sale of cosmetics and beauty products

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and protection policy of ELGIO COSMETICS data. By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Conditions and by all the aforementioned, so if he does not agree with everything Therefore , you should not use this website. 

Likewise, it should be noted that these Conditions may be modified. It is the User's responsibility to consult them every time he accesses, browses and / or uses the Website, as those in force at the time of the purchase request for products and / or services will be applicable. 

For all doubts that the User may have in relation to the Conditions, he can contact the Owner using the contact information above.

 

2. THE USER 

Access, navigation and use of the Website confers the condition of user (hereinafter User or Users), for which he accepts, from the beginning of the navigation on the Website, all the Conditions established here subsequent amendments, without prejudice to the application of the corresponding mandatory legal provisions depending on the case. 

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

Use this website only to make legally valid requests and purchases or acquisitions.

Don't make fake or fraudulent purchases. If a purchase of this nature could reasonably be believed to have been made, it could be canceled and the relevant authorities informed. 

Provide truthful and lawful contact information, such as e-mail address, postal address and / or other information (see Legal Notice and General Terms of Use).

The User declares that he is over 18 years of age and that he has the legal capacity to enter into contracts through this Website. 

The User can formalize, at his choice, with ELGIO COSMETICS the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.

3. PROCESS OF PURCHASE OR ACQUISITION ​

User can purchase on the Website with the established means and forms. They must follow the online purchase and / or acquisition procedure of www.elgiocosmetics.com, during which it is possible to select multiple products and / or services and add them to the cart, cart or final purchase space and, finally, click on: "Check -out ".

Similarly, the User must complete and / or verify the information requested at each stage, although, during the purchase process, before making the payment, the purchase details may be changed.

Subsequently, the User will receive an e-mail confirming the receipt of the order or the purchase request and / or provision of the service by ELGIO COSMETICS, or the order confirmation. And, if applicable, you will also be notified by email when your purchase is shipped.

Once the purchase procedure has been completed, the User agrees that the Website generates an electronic invoice that will be sent to the User by e-mail.

The User acknowledges that he is updated, at the time of purchase, of some particular conditions of sale concerning the product and / or service in question and which are shown next to the presentation or, where appropriate, his image on his page of the Website, indicating, by way of example, but not limited to, and in each case: name, price, components, weight, quantity, color, details of the products, or characteristics, methods in which they will be made and / or cost of the benefits; and acknowledges that the completion of the purchase or acquisition order implies full and complete acceptance of the particular sales conditions applicable to each case.

The communications, purchase orders and payments that occur during the transactions carried out on the Website could be filed and stored in the electronic archives of ELGIO COSMETICS in order to constitute a means of proof of the transactions, in any case, in compliance with the security measures conditions. reasonable and of the laws and regulations in force that are applicable in this regard, and in particular taking into account the Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, relating to the protection of individuals. of personal data and the free circulation of these data (RGPD) and the Organic Law 3/2018, of December 5, on the protection of personal data and the guarantee of digital rights, and on User rights in accordance with the privacy policy of this website.

4. AVAILABILITY 

All purchase orders received by ELGIO COSMETICS through the Website are subject to the availability of the products and / or that no circumstances or force majeure (clause nine of these Conditions) affect the supply of the same and / or the Supply of services. In case of difficulty in supplying the products or in the absence of products in stock, ELGIO COSMETICS undertakes to contact the User and refund any amount paid as an amount. This will also be applicable in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

 The prices displayed on the Website are final, in Euros (€) and include taxes, unless a different problem is indicated and applied by law, especially in relation to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. ELGIO COSMETICS therefore performs delivery and / or shipping services via: ordinary mail.

In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen voluntarily and freely.

Prices may vary at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: credit or debit card and PayPal.

ELGIO COSMETICS uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subjected to checks and authorizations by the issuing bank, if this person does not authorize the payment ELGIO COSMETICS will not be responsible for any delays or non-deliveries and will not be able to formalize any contract with the User.

Once ELGIO COSMETICS receives the purchase order from the User via the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be debited when the shipment confirmation and / or confirmation of the service provided is sent to the User in the form and, if applicable, in the established place.

If the means of payment is PayPal, the charge will be made when ELGIO COSMETICS sends the User a confirmation of the purchase order or acquisition of products and / or services.

In any case, by clicking on "Complete the purchase" the User confirms that the payment method used is his own.

6. DELIVERY

In cases where it is appropriate to carry out the physical delivery of the contractual goods, deliveries will be made in the following territory: Spain, Italy and United Kingdom.

Except for those cases in which unforeseen or extraordinary circumstances occur or, where appropriate, derived from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the term indicated on the Website according to the shipping method chosen and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, attributable to it, ELGIO COSMETICS fails to respect the delivery date, it will contact the User to inform him of this circumstance and, he can choose to proceed with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.

In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to ELGIO COSMETICS, this will understand that the User wishes to withdraw from the contract and will be considered terminated. Following the termination of the contract, all payments received by the User will be returned, with the exception of the additional costs arising from the User's choice of a delivery method other than the least expensive method of ordinary delivery offered by the Website, without undue delay and , in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must keep in mind that the transport resulting from the resolution may have an additional cost that can be transferred.

The risks that may arise from the products will be borne by the User from the time of delivery. The User acquires ownership of the products when ELGIO COSMETICS receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs.

In accordance with the provisions of Law 37/1992, of December 28, on value added tax (VAT), purchase orders for delivery and / or supply will be deemed to be located in the territory of application of Spanish VAT if he delivery address is in Spanish territory with the exception of the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in effect at all times depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is aware that if he finds that an error has occurred in entering the data necessary to evade his purchase request on the Website, he can modify it by contacting ELGIO COSMETICS through the contact spaces enabled on the Website and, if necessary, through those authorized to contact customer service and / or using the contact information provided in the first clause (General Information). Likewise, this information could be corrected by the User through his / her personal connection space to the Website.

In any case, the User, before clicking on "finalize the purchase", has access to the cart or cart space where their purchase requests are noted and can make changes.

Similarly, the User is referred to consult the Legal Notice and the General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established by Regulation (EU) 2016 / 679 of the European Parliament and of the Council, of 27 April 2016, on the protection of individuals with regard to the processing of personal data and the free circulation of such data (RGPD) and in the Organic Law 3/2018, of 5 December, Protection of personal data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the owner's website, he is assisted by a series of rights, as listed and described below:

Right of withdrawal. The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from this purchase within 14 calendar days without the need for justification.

This withdrawal period will expire after 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the ELGIO COSMETICS website or in the event that the goods that make up Your order is delivered separately, 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired physical possession of the last of those goods that made up the same purchase order.

To exercise this right of withdrawal, the User must notify ELGIO COSMETICS of his decision. You can do this, where appropriate, through the contact spaces provided on the website.

The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express his intention to withdraw from the purchase contract.

To respect the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the expiry of the corresponding period.

In the event of withdrawal, ELGIO COSMETICS will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay. and, in any case, no later than 14 calendar days from the date on which ELGIO COSMETICS was informed of the User's withdrawal decision.

In the event of withdrawal, ELGIO COSMETICS will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay. and, in any case, no later than 14 calendar days from the date on which ELGIO COSMETICS was informed of the User's withdrawal decision.

ELGIO COSMETICS will refund the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional costs for the User. However, ELGIO COSMETICS may withhold said refund until the purchased products or items have been received or until the User presents proof of their return, whichever condition is first met.

The user can return or send the products to ELGIO COSMETICS: c / Sant Francesc 26, 08197 Valldoreix, Spain

And it must do so without undue delay and, in any case, no later than 14 calendar days from the date on which ELGIO COSMETICS was informed of the withdrawal decision.

The User acknowledges that he is required to bear the direct cost of returning (transport, delivery) of the goods, if incurred. Furthermore, they will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as provided for by Article 103 of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. . By way of example, and not exhaustively, these would be: customized products; products that can deteriorate or expire rapidly; products which for hygienic or sanitary reasons are sealed and have been opened after delivery.

In this same sense, the provision of a service that the User can contract on this Website is regulated, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully performed or when it has begun. with the express consent of the consumer and user and with their acknowledgment of being aware that, once the contract has been fully executed by ELGIO COSMETICS, it will lose the right of withdrawal.

In any case, no refund will be made if the product has been used beyond the simple opening of the same, for products that are not in the same condition in which they were delivered or that have suffered damage after delivery. Similarly, the products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

Return of defective products or shipping errors

These are all cases in which the User believes that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order and that, therefore, he must contact ELGIO COSMETICS immediately and make known the existing disagreement ( defect / error) by the same means or by using the contact information provided in the previous section (Right of withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, of any refund or, if necessary, of their replacement. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we will send you an email confirming the opportunity to refund or replace the non-compliant item.

The amount paid for those products that are returned due to a defect, when actually present, will be refunded in full, including delivery costs and any expenses that the User may have incurred to make the return. The refund will be made using the same payment method that the User used to pay for the purchase. In any case, the rights recognized by the legislation in force at all times for the User, as a consumer and user, will always be respected.

Guarantee

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, ELGIO COSMETICS responding, therefore, for lack of conformity of the same that occurs within two years from the delivery of the product.

In this sense, it is understood that the products comply with the contract provided that: they comply with the description given by ELGIO COSMETICS and possess the qualities shown therein; they are suitable for uses for which products of the same type are normally used; and present the usual quality and performance of a product of the same type and which are basically expected by it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipment error section. However, some of the products that are marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they were manufactured and which therefore will form part of the individual appearance of the product and will not be a defect.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, ELGIO COSMETICS declines all responsibility for the following damages, regardless of their origin:

any loss that was not attributable to a breach on your part; business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time of formalization of the product sales contract between the parties.

Likewise, ELGIO COSMETICS limits its liability also in the following cases:

ELGIO COSMETICS applies all measures related to providing a faithful display of the product on the website, however it is not responsible for the minor differences or inaccuracies that may exist due to lack of screen resolution or browser problems or other problems of this nature.

ELGIO COSMETICS will act with the utmost diligence in order to make the product object of the purchase order available to the company in charge of transport. However, it is not responsible for damages deriving from a transport malfunction, especially for causes such as strikes, road withholdings, and in general any other specific to the sector, which involve delays, loss or theft of the product.

Technical failures that, for fortuitous or other reasons, prevent the normal operation of the service via the Internet. Unavailability of the Website for maintenance or other reasons, which prevents the availability of the service. ELGIO COSMETICS uses all the means at its disposal to carry out the process of purchase, payment and shipment / delivery of the products, however it declines any responsibility for causes not attributable to it, unforeseeable circumstances or force majeure.

ELGIO COSMETICS will not be responsible for the improper use and / or wear of the products that have been used by the User. At the same time, ELGIO COSMETICS will not be responsible for an incorrect return by the User. It is the User's responsibility to return the correct product.

In general, ELGIO COSMETICS will not be responsible for any default or delay in the fulfillment of one of the obligations assumed, when it is due to events that are beyond its reasonable control, that is due to force majeure, and this may include, by way of example but not exhaustive:

Strikes, lockouts or other industrial actions.

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

Inability to use trains, ships, planes, motorized transport or other means of transport, public or private.

Inability to use public or private telecommunication systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the force majeure persists, and ELGIO COSMETICS will have an extension of the deadline to fulfill them for a period of time equal to the duration of the force majeure. ELGIO COSMETICS will use all reasonable means to find a solution that allows it to fulfill its obligations despite force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with ELGIO COSMETICS are electronic (e-mails or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that ELGIO COSMETICS sends electronically meet the legal requirements to be in written form. This condition does not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with ELGIO COSMETICS through the contact details provided in these Conditions and, if necessary, through the contact spaces on the Website.

Similarly, unless otherwise specified, ELGIO COSMETICS may contact and / or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by ELGIO COSMETICS of a specific right or legal action or the lack of obligation by ELGIO COSMETICS to strictly comply by the User of any of its obligations will imply, nor a waiver of other rights or actions deriving from a contract or the Conditions, nor will it release the User from complying with his obligations.

No waiver by ELGIO COSMETICS of any of these Conditions or rights or actions deriving from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

 

12. NULLITY

If any of these Conditions were declared null and void by an irrevocable resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire agreement existing between the User and ELGIO COSMETICS in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by same parts.

The User and ELGIO COSMETICS acknowledge that they have consented to the conclusion of a contract without relying on any declaration or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information on the personal data that the User provides to ELGIO COSMETICS during a transaction on the Website will be processed in accordance with the provisions of the Privacy or the Information on data protection (contained, if applicable, in the legal notice and the general conditions of use). By accessing, browsing and / or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation and / or use of this website and the contracts for the purchase of products through it will be governed by Spanish law. Any dispute, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between ELGIO COSMETICS and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND COMPLAINTS

The User can send ELGIO COSMETICS his complaints, complaints or any other comments that he wishes to make via the contact details provided at the beginning of these Conditions (General information).

Furthermore, ELGIO COSMETICS has at the disposal of consumers and users official complaint forms, which they can request from ELGIO COSMETICS at any time, using the contact information provided at the beginning of these Conditions (General Information).

Similarly, if a dispute arises from the conclusion of this purchase contract between ELGIO COSMETICS and the User, the User as a consumer can request an out-of-court settlement of disputes, pursuant to Regulation (EU) 524/2013 of the Parliament European and Council. , of 21 May 2013, on the resolution of online disputes relating to consumers and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.

2021 ELGIO COSMETICS, S.L.