Laspiaggia Cosmetics

Terms and conditions of use and purchase

1. Introduction

The present document (together with all the documents mentioned in it) establishes the conditions governing the use of this website www.laspiaggiacosmetics.com.com) and the purchase of products on the same (hereinafter, the "Conditions"), whatever the application, digital media, support or device through which it can be accessed. Please read these Terms and Conditions and our Privacy and Cookie Policy ("Privacy Policy" and "Cookie Policy") carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy and Cookie Policy, so if you do not agree to all of the Terms and the Privacy and Cookie Policy, you should not use this website. If you have any questions regarding the Terms and Conditions or the Privacy and Cookie Policy, you may contact us through our contact channels. The contract may be formalized, at your option, in any of the languages in which the Terms are available on this website.

2. Our details

The sale of articles through this website is carried out under the name LA SPIAGGIA by BO COSMETICS, S.L., a Spanish company with registered office at Calle Serra del Gall, 11 08230 Matadepera, registered in the Mercantile Register of Barcelona, Volume 43541, General Section, Folio 11, Page 431828, 1st inscription and NIF B-65942765 with telephone +34 659 990 955 and email help@laspiaggiacosmetics.com.

3. Your data and yout visits to this website

The information or personal data you provide about yourself will be treated in accordance with the provisions of the Privacy Policy and Cookies. By using this website you consent to the processing of such information and data and declares that all information or data you provide are truthful and correspond to reality.

4. Use of our website

By making use of this website and placing orders through it you agree to:

  1. Use this website only to make legally valid inquiries or orders.
  2. Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we shall be entitled to cancel it and inform the relevant authorities. and inform the relevant authorities.
  3. Provide us with your email address, postal address and/or other contact details in a truthful and accurate manner. and other contact details truthfully and accurately. You also agree that we may use use this information to contact you if necessary (see our Privacy Policy). Privacy Policy). If you do not provide us with all the information we need, we will not be able to fulfill your order. order. By placing an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.

5. Availability of the service

The items offered through this website are available for shipment to Spain and Europe.

6. How to place an order

To place an order, you must follow the online purchase procedure and click on "Authorize payment". After this, you will receive an e-mail acknowledging receipt of your order (the "Order Confirmation"). We will also inform you by e-mail that the product is being shipped (the "Shipping Confirmation").

7. Technical means to correct errors

In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, please contact us at the customer service department by e-mail at help@laspiaggiacosmetics.com.

This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Likewise, this web page offers the details of all the articles that you have added to your basket during the purchase process, so that, before making the payment, you will be able to modify the data of your order.

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, at the email address mentioned above, to correct the error.

8. Product availability

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.

9. Delivery

Unless we have agreed otherwise, we will send you the order consisting of the product(s) listed in each Shipping Confirmation without undue delay and no later than 30 calendar days from the date of the Order Confirmation.

Please note that there are circumstances arising from unforeseen or extraordinary circumstances that may affect the delivery date.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not deliver to your home on Saturdays, Sundays or holidays.

For the purposes of these Conditions, "delivery" or "delivery" of the order shall be deemed to have occurred when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

10. Impossibility of delivery

If it is impossible for us to deliver your order, we will contact you at the telephone number you provided during the purchase process. If we are unable to contact you, your order will be returned to our warehouse.

If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

If after 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will refund the purchase amount minus the costs generated by the shipment (to its destination and back to the warehouse), within a maximum period of 30 days from the date on which we consider the contract terminated. Please note that the transport resulting from the termination may have an additional cost, so we will be entitled to charge you the corresponding costs.

11. Transfer of risk and ownership

The risks of the products shall be borne by you from the time of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in respect thereof, including shipping costs (if any), or at the time of delivery (as defined in clause 9 above), if this takes place at a later time.

12. Price and payment

The prices on the website include VAT, but exclude shipping costs, which will be added (where applicable and according to destination) to the total amount due as set out in our Buying Guide - Shipping.

Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step is to process the order and make payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step.

Likewise, during the purchase process, before making the payment, you will be able to modify the data of your order. A detailed description of the purchase process is available in the Purchase Guide.

You can use Visa, Mastercard, American Express, PayPal, Apple Pay and Android Pay as payment methods.

By clicking "Authorize Payment" you are confirming that the credit card is yours.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.

13. Value added tax anb invoicing

In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and duties under the regulations in force in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may at any time indicate your wish to receive a paper invoice, in which case, we will issue and send the invoice in that format. You may request it by contacting our customer service, through any of the means made available to you and free of charge.

14. Returns policy

See section "Returns and refunds".

15. Liability and disclaimer of liability

Except as otherwise expressly provided in these Terms and Conditions, our liability in connection with any product purchased on our website shall be strictly limited to the purchase price of such product.

However, unless otherwise provided by law, we will not accept any liability for the following losses, irrespective of whether or not we are liable for the liability for the following losses, irrespective of their source: (i) loss of revenue or sales: (ii) loss of business; (i) (iii) loss of profits or loss of 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 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 otherwise expressly stated on this website.

16. Industrial and intellectual property

You acknowledge and agree that all copyright, trademark and other industrial and intellectual property rights on the materials or contents provided as part of the website correspond at all times to us or to those who granted us license for its use. You may use such material only as expressly authorized by us or by those who have licensed it to us. This does not prevent you from using this website to the extent necessary to copy your order information or contact information.

17. Viruses, hacking and other computer attacks

You must not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging programs or material onto this website. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses punishable by the applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker.

Likewise, in the event of a breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials as a result of your use of this website or your downloading of any content from or redirected to this website.

18. Written communications

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail.

For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition shall not affect your statutory rights.

19. Assignment of rights and obligations

The contract is binding on both you and us, as well as our respective successors, assigns and successors in title. You may not transfer, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent.

We may convey, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law, nor will they void, reduce or otherwise limit any express or implied warranties that we may have given you.

20. Events beyond our control

We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control ("Force Majeure Event").

Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following:

  1. Strikes, lockouts or other industrial action.
  2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared), or threat or preparation for war.
  3. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic, or any other natural disaster.
  4. Impossibility of the use of trains, ships, airplanes, motor transport or other means of transportation, public or private. transportation, public or private.
  5. Impossibility of using public or private telecommunication systems.
  6. Acts, decrees, legislation, regulations, rules or restrictions of any government or public authority. authority. It shall be understood that the obligations shall be suspended for the period during which the Force Majeure continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will allow us to fulfill our obligations despite the Force Majeure Event.

21. Waiver

The failure by us to require strict performance by you of any of your obligations under a contract or these Conditions or the failure by us to exercise any rights or remedies to which we may be entitled under such contract or these Conditions shall not constitute a waiver or limitation of any such rights or remedies or relieve you from any such obligations.

No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any agreement or the Terms. No waiver by us of any of these Terms or of any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.

22. Partial invalidity

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 force, without being affected by such declaration of nullity.

23. Complete agreement

These Terms and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior covenant, agreement or promise made between you and us orally or in writing.

You and we acknowledge that we have consented to enter into a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations between us prior thereto, except as expressly mentioned in these Terms.

Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

24. Our right to modify these terms and conditions

We reserve the right to modify these Terms and Conditions. Such modifications shall not be retroactive.

If you do not agree with the modifications introduced, we recommend that you do not use our website.

25. Applicable law and jurisdiction

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.

Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.

If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.

## 26. Comments, suggestions, complaints and claims Your comments and suggestions are welcome. We kindly ask you to send us such comments, suggestions and queries through our contact channels or the postal address indicated in clause 2 of these Conditions.

You may also send your complaints and claims through our contact channels or by e-mail to help@laspiaggiacosmetics.com, which will be dealt with by our customer service department as soon as possible and, in any case, within the legally established period. Likewise, they will be registered with an identification code that we will inform you and will allow you to follow up on them.

If you as a consumer consider that your rights have been violated, you can send us your complaints through the e-mail address help@laspiaggiacosmetics.com in order to request an out-of-court settlement of disputes.

In this regard, if the purchase between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an out-of-court settlement of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr/.

27. Contact

Please note that the e-mail address help@laspiaggiacosmetics.com is provided for the purpose of allowing easy and direct access to the data identifying BO COSMETICS, S.L. as the company marketing the goods, as well as for the purpose of allowing you to lodge any complaints or claims you may deem appropriate.

To send comments, suggestions, queries or any other matter other than the above, you may access our usual contact channels.

Last update: 29/04/2021

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