Terms and Conditions
OBJECT
The purpose of this document is to establish the General Terms and Conditions of Sale of products and / or services offered by Clementyne Cosmetic through its website www.clementynecosmetic.com, and all its sub-domains, (hereinafter, the “ Conditions ”), as well as complying with the information obligation contained in article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce.
The website www.clementynecosmetic.com is owned by Clementyne Beaute S.L., with registered office at Avenida de los madroños, 12 28043 Madrid
Contact information:
- Website form: through the following link
- E-mail: info@clementynecosmetic.com
- Tel. +34 699 483 230
Both browsing the web, and the purchase of any product imply acceptance of the General Terms and Conditions of use and the general conditions of sale described on this page. The User must read these conditions each time he accesses this Website, as they may be modified in the future.
All the contents of this website (texts, photographs, graphics, images, technology, software, links, audiovisual or sound content, graphic design, source code, etc.), as well as trademarks and other distinctive signs are the property of the owner of the Website or third parties, the User not acquiring any right over them by the mere use of this Website.
The use of this website for the purpose of damaging property, rights or interests of the owner of the website or third parties is prohibited. It is also prohibited to make any other use that alters, damages or disables the networks, servers, equipment, products and computer programs of the owner of the Website or of third parties.
The User must refrain from: a) reproducing, copying, distributing, making available to third parties, publicly communicating, transforming or modifying the contents of this Website, except in the cases contemplated by law or expressly authorized by the owner of the Website or the holders of the rights; b) reproduce or copy for private use the software or existing databases on this website, as well as communicate them publicly or make them available to third parties when this entails their reproduction; c) extract or reuse all or a substantial part of the contents of this website.
The User is responsible for ensuring that the information provided through this website is true. For these purposes, the User is responsible for the veracity of all the data that she communicates and will keep the information provided suitably updated, in such a way that it responds to her real situation. The User will be responsible for the false or inaccurate information provided and for the damages that this causes to the owner of the Website or to third parties.
The User who wants to introduce links to this Web from her own Web pages will be obliged to comply with the following conditions: a) the link will only link to the home page, not being able to reproduce it in any way; b) Frames or frames of any kind may not be established that surround the Web or allow it to be viewed through different Internet addresses or together with content outside this Web, in a way that produces, or may produce, error or confusion in users about the origin of the service or its content, implies an act of unfair comparison or imitation, serves to take advantage of the reputation, brand and prestige of the owner of this website or is done in any other way that is prohibited by law; c) From the page that makes the link, no false or inaccurate statement can be made about the owner of this website, about the quality of its services or about its employees or clients; d) The sender may not use the name, brand or any other distinctive sign of the owner of this website within her page, except in cases authorized by law or expressly permitted by her; e) The page that establishes the link must observe the current legislation and may not have or link to illegal, harmful, contrary to morals and good customs, content that produce or may produce the false idea that the owner of this website endorses or supports the ideas, statements or actions of the sender or that are inappropriate in relation to the activity carried out by the owner of this website, taking into account the contents and the general theme of the website where the link is established.
These Terms and Conditions will remain in force and will be valid for as long as they are accessible through the website. Clementyne Cosmetic reserves the right to modify them, without prior notice, as well as to change any of the legal texts that are exposed on the web, to adapt them to the current legislation applicable at all times, the jurisprudential novelties and the usual market practices . In any case, access to the website after its modification, inclusion and / or replacement, implies acceptance of the same by the user.
The owner of this website is not responsible for ensuring that it does not contain malicious programs or any other harmful computer element. It is the User’s responsibility, in any case, to have adequate tools for the detection and disinfection of these elements. Accordingly, the owner of this website is not responsible for damage to computer equipment during access to this website. Likewise, the owner of this website will not be responsible for damages caused to Users when said damages originate from failures or disconnections in the telecommunications networks that interrupt the service of the website.
This Website may include technical link devices that allow the User to access other Internet pages (links). In these cases, the owner of this website will only be responsible for the contents and services provided through the links as soon as they know their illegality and have not deactivated them diligently. If a User considers that there is a link with illegal or inappropriate content, they may notify it, without implying that they are therefore obliged to remove the corresponding link. The owner of this website does not know the contents and services of the links and therefore is not responsible for the damages derived from their lack of quality, outdated, unavailability, error, uselessness or illegality and is not responsible for the statements made or the content or services provided through them. If any user is aware that the links refer to pages whose contents or services are illegal, harmful, degrading, violent or immoral, they may contact the owner of this website indicating it.
These Terms and Conditions are governed entirely by Spanish law. The User undertakes to make correct use of this Website in accordance with the Law, with this Legal Notice, as well as with the other conditions, regulations and instructions that, where appropriate, may be applicable The User will respond to the owner of this Web and in front of third parties, of any damages that could be caused by breach of these obligations.
INTRODUCTION
The seller of the products offered by this website is the company Clementyne Cosmetic (hereinafter, the Owner), whose identification and contact details appear in the previous section.
You must read these Conditions carefully before purchasing any product through this website. By placing an order through it, you expressly consent to these Conditions and are bound by them, so if you do not agree, you should not carry out the purchase.
PLACING ORDERS THROUGH THIS WEB PAGE
By placing orders through this website, you agree to:
Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be entitled to cancel it and inform the relevant authorities.
Provide us with your email address, postal address and / or other contact and payment information truthfully and accurately. Likewise, you agree that we may use said information to contact you if necessary, if you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through www.clementynecosmetic.com, you guarantee that you are fully authorized to use the corresponding credit or debit card or current or similar account, if you choose said payment method. Only people with the necessary legal capacity to sign contracts related to the class of goods and services offered on this website can place orders on it.
The articles offered through www.clementynecosmetic.com are available for the entire European territory.
PURCHASING PROCESS
This is how purchases work through this website:
In order to start the process of purchasing the products and / or services displayed on the Clementyne Cosmetic website, it is necessary for customers to register as a user, following the instructions provided in step 1. Once the products and / or services offered, the user must follow the phases of the purchase process indicated below:
Step 1. Register as a user.
To register as a user on the web, it is an essential requirement to be over eighteen years of age and provide through the registration form all the data required and identified as mandatory. The registered user assumes that her user account is personal and non-transferable. Every registered user will have an access password, which will also be personal, non-transferable, will have a limited temporary validity and must meet minimum requirements of length and security. The user may modify or recover said password at any time, following the procedure provided on the website. It is the user’s obligation to immediately notify Clementyne Cosmetic of any fact that allows the misuse of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. As long as such events are not communicated, Clementyne Cosmetic will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
Step 2. Product selection.
The user must select the products they wish to purchase. Once selected, you must add them to the shopping cart by pressing the “ADD TO CART” button. Once the product has been added to the cart, you will be allowed to continue shopping or go to the cart where the products you wish to purchase are indicated.
Once the selection of the products and / or services that you want to buy is finished and being in the shopping cart, the user will be shown the selected products, the number of units and the price, along with other information of interest.
Step 3. Validation of the shopping cart.
The customer must validate their shopping cart by clicking on one of the buttons to “PLACE ORDER”, thus also choosing between “HOME DELIVERY” and “STORE PICKUP”.
Step 4. Ordering
Once the order has been placed, you must indicate to CLEMENTYNE COSMETIC the method of payment and shipping of the products, where the shipping costs will be indicated. Currently, the website allows the following payment methods: VISA, MASTERCARD and PayPal,
Confirmation of the purchase, by pressing the “BUY” button, implies acceptance of these terms and conditions of contract.
Step 5. Payment of the total amount of the order.
The customer, if he has opted for either of the two cash payment methods (Card or PayPal), will be automatically redirected by the system to the online payment platforms (POS) of the corresponding banking entities. To finalize the purchase, once you have entered the corresponding bank details, you must click on the “PAY” button.
Step 6. Confirmation of purchase.
Clementyne Cosmetic, will send the client within a maximum period of 24 hours from the moment of the effective payment of the purchase by the Client, an email in which the order confirmation and a summary of the order will be provided with all the characteristics of the purchase made.
The Order Confirmation will be effective from its shipment. If we are unable to accept the order, we will attempt to contact the user by email, phone or post.
Likewise, the client may consult and / or download the invoice in the “My Orders” area. The order confirmation and Proof of Purchase will not be valid as an invoice.
Although we will make every effort to supply you with the products listed in your Order Confirmation, there may be times when it is impossible for us to supply such products, for example because such products are no longer manufactured or available or because we it is impossible to get relevant components. In this case, we will cancel your order in relation to the products that we are unable to supply and we will refund any amount of money that you have sent us for such products.
The return of these sums of money will be the limit of our responsibility towards the user if it is impossible for us to supply the requested products.
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. We will not be responsible to you or to any third party for the fact of removing any product from this website, regardless of whether said product has been sold or not, removing or modifying any material or content on the website.
All purchases of products and / or services purchased through the website, after identification and authentication, through the username and password, will be considered validly made by the customer, and will be binding. The customer will be solely responsible for the purchases made through the web by any third party that uses their username and password.
GENERAL PRODUCT INFORMATION
All the information related to the products and / or services published on the Clementyne Cosmetic website will be published paying great attention to the information related to the essential characteristics of the products through technical descriptions from its collaborating companies and manufacturers, and photographs that illustrate the products. All this is done within the limits of the technique and respecting the best market standards.
Each Clementyne Cosmetic store may, at any time, add new products to those included on the website. Likewise, the stores reserve the right to withdraw or stop offering, at any time, and without prior notice, any products offered on the web.
DELIVERY
The Owner undertakes to deliver the products in perfect condition to the delivery address that you indicate in the order form. You can request delivery of the items, to another address and to a different natural person than the one who signed the order, as long as the delivery address is located in European territory.
In order to optimize delivery, we appreciate that you indicate an address where the order can be delivered within normal business hours. See the delivery times section to know the estimated delivery time for an order.
The user can check the orders placed through the “My account” section of the Clementyne Cosmetic website and know at all times the status of their order. You can also make any query quickly and quickly through the following form. In addition, also contact us by writing by email to info@clementynecosmetic.com or by calling +34 699 483 230
In the absence of the recipient at the time of delivery, the carrier will leave a new notice, indicating how to proceed to arrange a new delivery. If it is not possible to leave the notice, the carrier will try to contact you by telephone. If it is not possible to establish contact by this last means either, we will send you an e-mail to the address you have provided us in the purchase process, indicating the carrier’s telephone number so that you can arrange the delivery.
The postage derived from the shipments of the purchased items will be reflected at the final time of purchase and will depend on the destination. See the shipping costs section for more information.
For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the product / s have been “delivered” at the time of signing the receipt of the same at the agreed delivery address.
DELIVERY TIMES
The delivery time of each product can depend on multiple factors such as origin, available stocks, the calendar of holidays, etc.
Delivery times are indicated on the shopping cart page and appear in working days (Monday to Friday). These terms are averages, and therefore an estimate. Therefore, it is possible that they vary for logistical reasons or force majeure. They will start counting from the moment the order has left our warehouses. The items will be delivered within the agreed period, unless the customer wants the merchandise to be delivered later than the scheduled date. Compliance with your order also implies acceptance of the delivery times that are determined for each product.
On occasions, for reasons beyond the control of Clementyne Cosmetic, the term may be delayed over the expected delivery date. In this case, the buyer may cancel the order by communicating by email of his intention to cancel it, proceeding to refund the amount within a maximum period of 14 days from the communication, according to Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16. Failure to deliver will not be considered such if it has been delayed voluntarily or if the buyer has not been able to be located using the data provided by the buyer.
TRANSMISSION OF RISK AND OWNERSHIP OF PRODUCTS
The risks of the products will be your responsibility from the moment they are delivered to you.
You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery if it takes place at a later time.
PRICES
All the products and / or services offered on the Clementyne Cosmetic website are associated with the final price of the product, as well as, where appropriate, the possible discounts that may apply to said purchase.
The sale prices indicated on the web are always shown in euros. VAT, as well as any other tax that may be applicable, being in force and legally applicable at that time, is included in these prices, but not the costs of the shipping and / or assembly service. Shipping service costs are borne by the customer and will be added to the total amount of the selected products. Likewise, in the event that the assembly service is not free, it will be the responsibility of the client, as long as he has expressed his desire to contract said service. The assembly costs will also be added to the total amount of the selected products.
In any case, you will be informed of these expenses before confirming the order and finalizing the contracting process. All the products that are sold through the web are identical to those that you can buy in our physical stores. However, for commercial reasons, the price of the product on the web may vary with respect to its price in the physical store.
The Clementyne Cosmetic website and its physical stores expressly reserve the right to modify prices at any time, without the need for prior notice. However, the rates in force indicated on the website at the time of placing the corresponding order will be applied, unless with its application there is a breach of Law 7/1996, of January 15, on the Regulation of Retail Trade and the Law 3/1991, of January 10, on Unfair Competition.
PAYMENT METHODS
Clementyne Cosmetic offers the customer several forms of payment to complete the purchase at www.clementynecosmetic.com
– Credit or debit card: Visa, Visa Electron and Master Card.
– PayPal.
All the means of payment arranged by Clementyne Cosmetic are subject to checks and authorizations by the entities that issue the payment means (card issuers and / or payment account issuers), but if said entity does not authorize the payment, it will not be possible to continue with the purchase procedure initiated, the order being automatically canceled, and it is understood that the purchase and sale of the Product or Products requested has not been carried out.
On the Clementyne Cosmetic website all transactions are carried out through secure payment systems. The confidential data of the payment are transmitted directly and in encrypted form (SSL) to the bank. The website has Norton Secured SSL certificates (powered by VeriSign) and the Verified by VISA and MasterCard SecureCode online transaction security certificates.
We will send the order number and the information of the products of the purchase to the address specified in your Order Confirmation. You can access the download of your invoice from your account to access the website. Likewise, you can request your invoice through the following form or expressly by email at info@clementynecosmetic.com. If you want to receive it later on paper, you can request it at the same e-mail address.
The Owner reserves the right to verify the personal data provided by the client and adopt the measures it deems appropriate (including the cancellation of the order) to guarantee compliance with these Conditions.
CANCELLATIONS
The client may request the cancellation of any order provided that the Purchase Confirmation email has not been sent, in which case it will be treated as a return. If the order has already been sent, the cancellation request will be considered a withdrawal and must comply with the provisions of the following section.
The company accepts the cancellation of orders through the customer service, which you can contact in an agile way and with a quick response time through the following form or by writing to the email of info@clementynecosmetic.com or by phone at +34 699 483 230.
RETURNS OF DEFECTIVE PRODUCTS
Notwithstanding your right of withdrawal, in accordance with the provisions of the previous section, in cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us at Immediately through the following form or by email info@clementynecosmetic.com or by phone at +34 699 483 230 providing the product data as well as the damage it suffers. In some cases we may ask you to send us a photo of the damage.
The return will be made through the same payment method with which the purchase was made.
GUARANTEE OF PRODUCTS PURCHASED AND CLAIMS
In accordance with the applicable regulations for the defense of consumers and users, the Holder is liable for any lack of conformity that manifests itself within a period of two years from delivery.
In the case of lack of conformity, you must inform us within two months of having knowledge of it, through the following form or by sending an email to info@clementynecosmetic.com indicating your data, the number of your purchase invoice and the anomaly detected. Failure to comply with this period will not entail the loss of the guarantee, but you will nevertheless be responsible for the damages caused by the delay in communication. In the event of a manufacturing defect, the Holder will be responsible for the return costs, as well as the expenses related to labor and materials.
The item to be returned must be properly packaged for its return. The packaging must be in perfect condition and keep all its accessories and original instructions in order to be returned.
The warranty will lose its validity in the event of defects or deterioration caused by external factors, accidents, installation or misuse of the product, improper handling or use not in accordance with the supplier’s instructions. Clementyne Cosmetic is not responsible for damage caused by blows, improper handling, improper use, negligence, wear and tear. It should be noted that these types of incidents are not included in the guarantee and invalidate it.
For any question, complaint or request for information, you can contact customer service:
Contact form: clicking on the following link
- E-mail: info@clementynecosmetic.com
- Telephone: +34 699 483 230
CONDITIONS OF HOME DELIVERY
Products whose purchase has been made through the Clementyne Cosmetic website may be sent to the postal address indicated by the client in the order form, and it cannot correspond to a PO box or public places, such as the public roads, squares, stations, airports or other similar.
Delivery will be made within approximately 10 working days, excluding Saturdays, Sundays and holidays, for items available in stock. The times for the different shipping methods are estimates and start counting from when the order has left the Clementyne Cosmetic warehouses (order status “In transit”). In special promotions such as sales and / or free shipping there may be delays in the delivery of orders.
The delivery time for items that are not available in stock will vary depending on availability and will be adjusted to that indicated at the time of purchase.
The merchandise can only be retained in our warehouses for a maximum of 30 days from the usual delivery date. Once this period has elapsed, the storage of said merchandise will have an additional cost of 10% per month of the order value. Likewise, if the person in charge of receiving the merchandise is not at the delivery address on the date and time slot agreed with the transport agency, the expenses incurred for the return of the merchandise and its subsequent delivery will be borne by the customer. .
EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a contract, the cause of which is due to events that are beyond our reasonable control (“force majeure”).
The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, boats, planes, motor 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.
Strike, failures or accidents of maritime or river transport, postal or any other type of transport.
It will be understood that our obligations derived from the contracts will be suspended during the period in which the force majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the force majeure cause. We will use all reasonable means to end the force majeure event or to find a solution that allows us to fulfill our obligations under the contract despite the force majeure event.
PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
CUSTOMER SERVICE
Any query, suggestion or claim related to the online sale of products and services can be made through our Clementyne Cosmetic Customer Service Contact form: by clicking through the following link
- Address: Avenida de los madroños, 12 28043 Marid
- E-mail: info@clementynecosmetic.com
- Tel .: +34 699 483 320
All Clementyne Cosmetic stores have Complaint Sheets available to the consumer at the establishment.
APPLICABLE LAW AND COMPETENT JURISDICTION
The purchase and sale contract will be governed, in all its terms and conditions, in accordance with current Spanish legislation.
The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.
Likewise, as an entity adhered to CONFIANZA ONLINE and in the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection and protection of minors, the user may go to the extrajudicial dispute resolution system of CONFIDENCE ONLINE (www.confianzaonline.es). Change for our security system
In the same way, by virtue of the provisions of Regulation (EU) No. 524/2013 applicable throughout the European Union, Clementyne Cosmetic makes the following link available to users of the web on online litigation resolution in consumer matters :
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
This website gives access to the Official European Platform for Online Conflict Resolution (ODR). In the event that the user has had a problem with a purchase or the provision of an online service, they may use this means to file any claim in relation to said sale or provision of services, as well as opt for an out-of-court solution to the conflict. raised.
ODR PLATFORM
The User, resident in the European Union, can make a complaint through the ODR Platform (Online Dispute Resolution – Online Dispute Resolution), which is provided by the European Commission through the following link: http://ec.europa.eu/ consumers / odr /
The ODR Platform gives consumers and merchants the possibility to file complaints through an electronic form available in all languages of the European Union, for all matters related to electronic commerce or provision of services on the network, in accordance with the provisions of the Regulation 524/2013 of the European Parliament and of the Council of May 21, 2013 and Directive 2013/11 / EU of the European Parliament and of the Council on alternative resolution of consumer disputes.
For any queries about said Online dispute resolution platform, the User may contact the EUROPEAN CONSUMER CENTER IN SPAIN (http://www.cec.consumo-inc.es/), located at C / Príncipe de Vergara, 54, 28006 – Madrid (Spain), telephone: (+34) 91.822.45.55 and email: cec@consumo-inc.es
RESPONSIBILITY
Clementyne Cosmetic does not guarantee the absence of viruses or similar elements in the electronic documents and files stored in your computer system and on the web, which could produce software and hardware alterations for you as a user. The use of our website and its contents implies acceptance by you of the above risks and, therefore, the client excludes Clementyne Cosmetic from any responsibility for damages of any kind derived from the possible presence of viruses or other analogous elements.
Clementyne Cosmetic cannot guarantee the technical continuity of the website, as well as the absence of failures and / or service interruptions.
Nor can it guarantee that the website will be 100% available at all times.
Clementyne Cosmetic’s liability for delivered products, including within the framework of applicable contractual or legal warranties, is limited to the price of defective or non-conforming products. Clementyne Cosmetic will not be obliged to indemnify for indirect damages or any other financial loss suffered by the buyer or a third party. Indicate if Clementyne Cosmetic is going to collect the goods or should send them directly to the customer.