TERMS & CONDITIONS FOR USE AND PURCHASE
These conditions might be modified. It is your responsibility to read them periodically, as the conditions prevailing at the time of conclusion of each Contract (as it is defined below) or, failing this, at the time of use of the website, shall apply.
If you have any questions regarding these Terms or the Data Protection Policy you can contact us by means of our contact form.
The sale of items through this website is performed under the name Sepai Beauticeutical Division, S.L., Spanish company with corporate domicile at Calle Beethoven, 15, 4ª, 08021 Barcelona, Spain, registered with the Register of Barcelona under the following registered information Volume 40551, Folio 54, Sheet B367047, Inscription 1.
YOUR DATA AND YOUR VISITS TO THIS WEBSITE
USE OF OUR WEBSITE
By using this website and place orders through it you are engaged to:
i. Make use of this website only to make legal and valid inquiries or orders.
ii. Not make any false or fraudulent orders. If it could reasonably be considered that a request of this nature has been made we shall be entitled to cancel the order and inform the relevant authorities.
iii. Give us your email address, mailing address and/or other contact details truthfully and accurately. Likewise, you agree that we may use this information to contact you if necessary.
If you do not provide us with all the information we need, we cannot be able to complete your order. By placing an order through this website, you declare to be over 18 and to have legal capacity to enter into contracts.
The items offered through this website are available for shipment to countries available in the “Country” list in the registration form. If your country is not listed please contact us by email writing to firstname.lastname@example.org.
HOW TO FORMALISE THE CONTRACT
To place an order, you should follow the online purchasing procedure. After this, you shall receive an email acknowledging receipt of your order (the “Order Receipt”). The contract for the purchase of a product between you and us (the “Contract”) shall only be formalized when we send the “Order Receipt”.
All product orders are subject to the availability of the products. In this sense, if difficulties come up in the supply of products or if there are no items in stock, we do reserve the right to provide information about replacing products of equal or higher quality and value that you shall be able to order. If you do not wish to order such substitute products, we will refund any amount that you would have paid.
Notwithstanding the provisions in clause above regarding the availability of products and unless extraordinary circumstances occur, we will try to ship the order related to the product within a maximum term of 5 days from the date of the Order Receipt.
If for some reason we can not meet the shipment date, we shall inform you of this fact and shall give you the option to go ahead with the purchase establishing a new delivery date or to cancel the order with full refund of the price paid.
We always ship with the most convenient carrier with a fast and reliable service, but please note that, in any case, the carriers we use do not carry out home deliveries on Saturdays or Sundays.
For the purposes of these Conditions, it shall be understood that the “delivery” has been carried out or the order has been “delivered” at the time in which you or a third party indicated by you acquires physical possession of the goods or services, which shall be evidenced by the signing of the order receipt at the delivery address duly agreed.
We will send you an email with the tracking number of your order and track it until you receive it, we will send you another email once we are notified that your order has been delivered.
IMPOSSIBILITY OF DELIVERY
If the carrier is unable to deliver your order, the carrier will try to find a safe place to leave it. If it can not find a safe place, your order will be returned to our warehouse. Likewise, we shall leave a note explaining where your order is and how to make to have it sent again. If you are not going to be in the place of delivery at the agreed time, please contact us in order we may arrange the delivery for another day.
Should your order has not been delivered for reasons not attributable to us, we shall assume you want to cancel the Contract and we shall deem it terminated. As a result of the termination, we will refund all payments received from you, including delivery charges without undue delay.
PRICE AND PAYMENT
The price of the products or services shall be fixed at any time on our website, except in case of manifest error. Although we try to ensure that all prices listed on the website are accurate, errors may occur. Should we discover an error in the price of any of the products or services you have ordered, we shall inform you as soon as possible and shall give you the option of reconfirming your order at the correct price or just canceling it. Should we are unable to contact you, the order shall be canceled and you will receive a full refund on amounts having been paid.
We are not obliged to supply any product at the incorrect lower price (even if we have already sent the Order Receipt) if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as an incorrect price.
Prices on website exclude shipping costs, which shall be added to the total amount due as set out in our “Shipping Costs”, we offer worldwide free shipping for order of 150€ or more.
Prices may change at any time, but (except as set out above) changes will not affect orders in respect of which we have already sent an Order Receipt.
Once you have selected all the items you want to buy, they will have been added to your cart and the next step shall be to process the order and make payment. To do this, you shall follow the steps of the buying process, by filling in or checking the information which is requested in each step. Likewise, during the buying process, before payment, you shall be able to modify your order data. Furthermore, if you are a registered user, you shall have a detail of all orders placed in the section My Account.
You shall be able to use as payment means Visa card, Mastercard, American Express and PayPal, you can pay with Paypal even if you don’t have a Paypal account usgin your credit card.
Credit cards shall be subject to validation checks and authorization given by their corresponding issuing institutions, but should the issuing entity fails to authorize payment, we shall not be responsible for any delay or non-delivery and we shall not be entitled to enter into a Contract with you.
Collection, storage and transmission of personal information through the website is carried out in an encrypted mode, by using the SSL security protocol, an encryption system that confers total security in data transmission.
TAX ON ADDED VALUE
In accordance with Article 68 of Spanish Law 37/1992 of 28 December, related to the tax on value added, delivery of products or services shall be deemed located in the territory of application of Spanish VAT if the delivery address is located within Spanish territory except from Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that being legally in force at any time depending on the particular item in question.
Legal right to withdraw from the purchase
Right of withdrawal
If you are contracting as a consumer and user, you shall be entitled to withdraw from this Contract within a term of 14 calendar days without any reason.
The withdrawal term shall expire after the 14 calendar days from the date on which you or a third party indicated by you, other than the carrier, had acquired the physical possession of the goods or if the goods that make up your order are delivered separately, after the 14 calendar days from the date on which you or a third party indicated by you, other than the carrier, had acquired the material possession of the last good.
In order to exercise the right of withdrawal, you shall notify to Sepai Beauticeutical Division, S.L., to the address Parc Tecnòlogic del Vallès Ronda de Can Fatjò, 8 Piso 1, local Sepai, 08290 Cerdanyola del Vallès, (Barcelona), by telephone +34 930130465, by sending an email to email@example.com or through our contact form, your decision to withdraw from the Contract through an unequivocal statement (eg a letter sent by mail or email).
In order to meet the withdrawal term, the communication concerning the exercise on your part of this right to be sent before the expiry of the corresponding deadline shall be sufficient.
Consequences of withdrawal
In case of withdrawal on your part, we shall refund all payments received from you, including delivery charges (with the exception of the additional costs resulting from the choice on your part of a delivery mode other than the least expensive mode of ordinary delivery that we offer) without undue delay and in any case not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this Contract. We shall proceed to effectuate such reimbursement by using the same means of payment being used by you for the initial transaction. No fees shall be incurred as a result of reimbursement. Notwithstanding the foregoing, we shall be entitled to withhold reimbursement until we have received the goods back or until you have supplied evidence of the return thereof, depending on what condition is met in first place.
You should restore or directly deliver the products or services within a maximum period of 14 calendar days from the date on which we are communicated your decision of withdrawing from the Contract. The deadline shall be deemed met if you send the goods back before the term has ended. You should bear the direct cost of returning the goods.
You shall only be responsible for the diminished value of the goods resulting from a handling different from that being necessary to establish the nature, features and functioning of the goods.
Your right to withdraw from the Contract shall apply exclusively to those products that are returned in the same condition you received them. There will be no refund if the product has been used beyond the mere opening thereof, if products are not in the same condition in which they were delivered or that may have been damaged, so you should be careful with the product/s while they are under your possession. Please return the item by using or including all original packaging, instructions and other documents where appropriate accompanying.
After examining the item we shall communicate whether you are entitled to reimbursement of the amounts paid. Reimbursement of shipping costs shall only take place if the right of withdrawal is exercised within the legal deadline and all items that make up the order in question are returned. Reimbursement shall be made as soon as possible and, in any event, within 14 days from the date on which you informed us about your willing to withdraw. However, we shall be entitled to withhold reimbursement until we have received the goods back or until you have provided evidence of the return of the good, whichever condition is met first. The refund shall always be made by the same payment method used by you to pay for the purchase.
You shall assume the cost and risk of returning the products, as above mentioned. If you have any further questions, you can contact us through an email to firstname.lastname@example.org or by calling +34 930130465.
Return of defective products
In the event that you may consider that at the time of delivery the product does not comply with the terms of the contract, you should contact us immediately via email to email@example.com by giving us the details of the product as well as its damage, or by telephoning the number +34 930130465 where we will tell you how to proceed.
We shall proceed to carefully examine the returned product and shall notify you by e-mail within a reasonable term if refund applies or if replacement thereof may apply (if any). The refund or replacement of the item shall be made as soon as possible and in any event within 14 days after the date on which we sent you an email confirming that appropriate reimbursement or replacement of nonconforming item shall apply.
The amounts paid for those products that are returned because of some defect or flaw, when it actually exists, will be refunded in full, including delivery costs incurred to deliver the item and the costs you incurred to return it back to us. The reimbursement shall be made by the same method of payment used to pay for the purchase. Notwithstanding, in any event, the rights recognized by law.
LIABILITY AND EXEMPTION OF LIABILITY
Unless otherwise expressly provided in these Conditions, our liability in connection with any product purchased through our website is strictly limited to the purchase price of said product.
Notwithstanding the above said, our liability is not excluded or limited in the following cases:
i. In case of death or personal injury caused by our negligence;
ii. In case of fraud or fraudulent misrepresentation; or
iii. In any case in which it could be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.
Without prejudice to the provisions of the preceding paragraph and to the extent which is legally permitted, and unless otherwise provided in these Conditions, we shall not accept any liability for the following losses, regardless of their origin:
i. loss of income or sales;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data; and
vi. loss of management time or office hours
Due to the open nature of this website and the possibility of producing some errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless it is set forth otherwise expressly therein.
All descriptions of products, information and materials on this website are provided “as a certain body” without express or implied guarantees on them except for those legally set forth. In this sense, if you subscribe as a consumer and user, we are obliged to deliver goods which comply with the Contract, and we shall respond against you for any lack of conformity that may exist at the time of delivery of the product. It is understood that products comply with the Contract provided that (i) they comply with the description given by us and possess the qualities that we presented on this website, (ii) they fit for the purposes for which the products of the same type are intended and (iii) they present the quality and usual features of a product of the same type that are reasonably expected.
To the extent permitted by law, we exclude all guarantees, except those that may not lawfully be excluded against consumers and users.
The provisions of this clause shall not affect your rights as a consumer and user, nor your right to cancel or withdraw the Contract.
You acknowledge and agree that all copyright, trademark and any other intellectual property rights on material or content supplied as part of the website correspond in any event to us or to our licensors for use. You shall be entitled to use this material only in the way they are expressly authorized by us or our licensors for use. This does not prevent you from using this website to the extent which is necessary to copy the information on your order or Contract details.
VIRUS, PIRACY AND OTHER COMPUTER ATTACKS
You shall not make an improper use of this website by the deliberate introduction into the same of viruses, trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not try to have unauthorized access to this website, the server on which that page is hosted or any server, computer or database related to our website. You are engaged not to attack this website through a denial-of-service attack or a distributed denial of service attack.
Breach of this clause may entail the commission of offenses defined by applicable law regulations. We shall report on any breach of said regulations to the competent authorities and we shall cooperate with them in order to discover the identity of the attacker or hacker. Likewise, in case of breach of this clause, you shall be ceased immediately from being authorized to use this website.
We shall not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other software or technologically damaging or harmful material that may affect your computer, computer equipment, data or materials resulting from the use of this website or from downloading contents thereof or those to which this website by readdress.
LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third party materials, such links are provided for informational purposes only, without us having any control over the content of such web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from their use.
Applicable law requires that some of the information or communications we send to be in writing. By using this website, you agree that most of these communications between us are made by electronic means. We shall contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we may send electronically comply with the legal requirements of being in writing. This condition shall not affect your rights recognized by law.
Notifications that you send us shall be given preferably through an email to firstname.lastname@example.org. Under the provisions of clause 19 above and except for otherwise set forth thereby, we shall be entitled to send communications either by e-mail or to the postal address provided by you when placing an order.
It shall be deemed that the notifications have been received and have been properly made at the same moment they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been duly made, it shall be sufficient to prove, in the case of a letter that it had the right address, was duly sealed and was properly delivered at the post office or in a mailbox, and in the case of an email, that it was sent to the email address specified by the receiver.
ASSIGNMENT OF RIGHTS AND LIABILITIES
The Contract is binding on you and us and our respective successors and assignees.
You shall not transfer, assign, encumber or otherwise have disposal on a Contract or any rights or obligations arising under it, without our prior written consent.
We shall be entitled to transfer, assign, charge, sub-contract or otherwise have disposal on a Contract or any rights or obligations arising under it, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers shall not affect the rights, if any, that you as a consumer, have recognized by law nor shall cancel, reduce or limit in any way the guarantees, being express or implied, which we had been able to grant.
CIRCUMSTANCES BEYOND OUR CONTROL
We shall not be liable for any failure or delay in fulfilling any of our obligations under a contract whose cause comes from any events beyond our reasonable control (“Force Majeure”).
Force Majeure Event shall include any act, event, lack of exercise, omission or accident that might be beyond our reasonable control and among others, the following:
i. Strikes, lockouts or any other industrial action.
ii. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
iv. Inability to use trains, ships, aircraft, motor transport or any other means of public or private transport.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accidents of maritime or river transport, postal or any other type of carriage.
It shall be deemed that our obligations under the Contract will be suspended during the period that the Force Majeure Event continues, and we will have an extension in the deadline to comply with these obligations for a period of time equal to the duration of the Force Majeure. We will use our reasonable means in order to end the Force Majeure Event or to find a solution that allows us to comply with our obligations by virtue of the Contract despite the Force Majeure Event.
The fact that we do not require you to strictly comply with any of the obligations assumed by you by virtue of this Contract or these Conditions or we do not exercise the rights or actions that could match us under this Contract or these Terms and Conditions shall not constitute a waiver or limitation in relation to those rights or actions and shall not exonerate you from complying with such obligations.
No waiver by us of a specific right or action shall constitute a waiver of any other rights or actions under this Contract or these Terms and Conditions.
No waiver by us of any of these Terms and Conditions or any of the rights or actions arising from this Contract shall have effect, unless expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the provisions of Notifications previous section.
If any of these Conditions or any provision of a Contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in effect and force without being affected by the declaration of nullity.
These Terms and Conditions and any document expressly referred to herein do represent the entire agreement between you and us relating to the subject thereof and supersede any other agreement, arrangement or earlier promise agreed verbally or written between you and us.
You and us do acknowledge to have consented to the conclusion of this Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or written doc in the negotiations existing between the two of us prior to this Contract, except for that which is explicitly mentioned in these Conditions.
Neither you nor we will have action against any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only action that will have the other party shall be because of a breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONS
We shall have the right to review and amend these Terms at any time.
You will be subject to the policies and Conditions in force at the time you use this website or order products, unless by law or decision from governmental bodies we should make changes retroactively to those policies, Terms or Privacy Statement, in which case, changes shall apply to orders you had previously made.
APPLICABLE LAW AND JURISDICTION
The use of our website and purchase contracts on products through said website shall be governed by Spanish law.
Any dispute arising out of or relating to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of Spanish courts.
If you are entering into as a consumer, nothing in this clause shall affect the rights recognized as such by the current legislation.
COMMENTS AND SUGGESTIONS
Your comments and suggestions shall be very welcomed. Please send all feedback and suggestions by sending us an email to email@example.com.
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