Terms and conditions
- Identity details of the owner
These General Terms and Conditions of Sale fully govern any sale transactions that may be offered, rendered or completed on the online store located on the website www.labelistcosmetics.com owned by SKINANDSOUL SL (hereinafter, Labelist Cosmetics), with tax identification number or code B67597732, registered office at Paseo Manuel Girona 71 3-2, and registered with number 40012439. These Terms and Conditions may be amended by Labelist Cosmetics at any time, and the user will be informed about any new versions hereof if there are substantial changes.
- The user
By accessing, browsing, and using the website, you become a user. Therefore, this involves the acceptance of all the conditions provided herein, and any subsequent amendments thereto, from the moment the browsing of the website starts, notwithstanding the application of the corresponding compulsory legal rules, as the case may be. The user undertakes his/her responsibility to use the website properly. This responsibility is extensive to:
- Using this website solely for queries and purchases or acquisitions that are legally valid;
- Not making any false or fraudulent purchases;
- Providing truthful and licit contact details, for instance, an email address, postal address and/or other data.
The user declares that s/he is aged over 18 and has the legal capacity to enter into contracts through this website. The website is mostly targeted at users residing in Spain. Labelist Cosmetics does not ensure that the website is compliant with the laws of other countries, whether totally or partially.
- Applicability of the General Terms and Conditions
These Terms are applicable to all quotes, offers, activities, agreements, and deliveries of products by or on behalf of Labelist Cosmetics. Not abiding by these Terms shall solely be possible where the parties expressly agree to do so in writing.
These Terms shall govern the use of the website www.labelistcosmetics.com, which Labelist Cosmetics places at the disposal of users and clients. Purchases at www.labelistcosmetics.com may be completed from any part of Spain, including the entire Spanish territory. Products marketed by Labelist Cosmetics through its website mostly comprise the following: Cosmetics These General Terms and Conditions have been drafted according to the provisions laid down under Law 34/2002, on information society and electronic commerce services, Royal Legislative Decree 1/2007, of 16 November, approving the redrafted text of the General Law for the Defense of Consumers and Users and other additional laws, all of the above being compulsory legal provisions. Labelist Cosmetics may amend these Terms with no prior warning, so it recommends that you regularly check them, even more so when you are about to make an effective use of the online store on the website www.labelistcosmetics.com. However, Labelist Cosmetics always undertakes to update these Terms, to publish the most recent version, and to allow access to and printing of the above at any time.
- Access and purchasing conditions
Access to the portal of Labelist Cosmetics is free. Persons accessing the site become users, irrespective of whether they later use the services offered. Purchases will be permitted with no need to register beforehand although, in any case, the form must be filled out to identify the buyer and the delivery address. Products at www.labelistcosmetics.com can solely be bought by users aged over eighteen (18), who must follow the steps and instructions throughout the entire purchasing process, including, but not limited to, the following: (i) Filling out the registration form or the form for the identification of previously registered users; (ii) Viewing the on-screen summary of the order, delivery conditions and shipping expenses, where applicable; (iii) Accepting the purchasing conditions, which involves reading, understanding, and irrevocably accepting each and every one of these General Terms and Conditions as well as, where applicable, the Special Terms and Conditions available; and (iv) Immediately receiving a summary email at the account used for registration or – failing the above – as soon as possible, always before the twenty-four hours thereafter have elapsed. The acquisition of products at www.labelistcosmetics.com for their subsequent distribution or resale is not permitted, irrespective of whether this is at public establishments or for home-based sales. Labelist Cosmetics shall regulate and authorize all permits needed if at any time it agreed to the above and it shall therefore reliably notify this authorization to the authorized agent.
Delivery shall be deemed to have taken place when the user or a third party designated by it acquires the material possession of the products. The delivery term for the order shall vary depending on the selected delivery method, and it shall be stated on the website once there is confirmation of the order and, in any case, it shall not exceed 30 days from the date of confirmation of the order. If the delivery date cannot be met, the user shall be informed about the above and s/he shall be offered the choice to continue with the purchase, setting a new delivery date, or the opportunity to cancel the order, with a full reimbursement of the price paid. If the recipient is absent when the delivery takes place, a notice shall be left for the user to collect the delivery at the place and within the terms stated. When the term has elapsed and the collection has not taken place, the delivery shall be returned to Labelist Cosmetics.
- Price and payment
The price of every product is defined as the one provided on the website when each order is made. The user must pay the price stated, including applicable taxes, together with shipping expenses, which shall be added to the final payable price. Prices can be amended by Labelist Cosmetics at any time without prior notice, although this shall not affect orders already confirmed. However, even where Labelist Cosmetics has confirmed, it shall not be bound to honor orders if the price is incorrect, especially if the error is apparent and easily recognizable. The payment methods accepted are the following: Payment with a credit or debit card. We reserve the right NOT to accept certain payments with certain credit cards. Labelist Cosmetics reserves the right to change the methods of payment, with the opportunity to include new ones or to remove any of the existing ones, without the user/clients of www.labelistcosmetics.com having the entitlement to make any claims for this reason. However, where the change of payment method affected an order already placed, the staff at www.labelistcosmetics.com will contact the client to inform him/her of such change, offering him/her the option to cancel the order where s/he deems fit to do so. Payment with credit/debit cards: The charge is made online, i.e. in real time, through the payment gateway of the relevant financial entity, and having verified that the details informed are correct. With the purpose of providing the utmost security to the payment system, www.labelistcosmetics.com uses secure payment systems of leading financial entities in electronic commerce. In this connection, the confidential data are transferred directly and in encrypted form (SSL) to the relevant financial entity. The SSL encryption system used affords total security to data transferred on the network. Client data enjoy full confidentiality and protection. Data on credit cards is not registered on any of our databases. These data are solely employed for the virtual POS (Point of Sale Terminal) of the financial entity of Labelist Cosmetics, through its Secure Payment Gateway. Credit cards are subject to verifications and authorizations by their issuer entity. However, if such entity does not authorize the payment, Labelist Cosmetics will not be responsible for any delays or failure to deliver and will not be able to enter into any Contracts with the client. Labelist Cosmetics reserves the right to verify personal details provided by the client and to adopt the measures it deems convenient (including the cancellation of the order) for the goods acquired to be delivered as per the details of the order.
- Right of withdrawal
The user is entitled to withdraw from the contract entered into via www.labelistcosmetics.com within 14 calendar days with no need to justify the reasons for the withdrawal. The withdrawal term shall expire 14 days following the date where the user or a third party appointed by such user, other than the shipper, has acquired the material possession of the goods. To exercise withdrawal rights, users must inform Labelist Cosmetics about their decision to withdraw from the contract with a clear statement (for instance, a letter sent by mail, fax, or email). The user may employ the model withdrawal form set out at the end of these Terms and Conditions, although using this form is not compulsory. To meet the withdrawal deadline, the communication about the exercise of the withdrawal right by the user only needs to be submitted before the relevant deadline ends. In the case of withdrawal, Labelist Cosmetics shall return all payments collected from the user, including delivery expenses (with an exception being additional expenses arising out of the choice by the user of delivery method other than the most inexpensive ordinary delivery method offered) with no undue delay and, in any event, no later than 14 calendar days following the date on which the user informs Labelist Cosmetics of their decision to withdraw from the contract. Labelist Cosmetics shall proceed to refund this money using the same payment method employed by the user for the initial transaction unless such user has expressly provided otherwise. In any case, the user shall not incur any expenses due to the refund. Labelist Cosmetics can retain the refund until it has received the goods or until the user has presented proof of its return, whichever happens first. Users must directly return or deliver the goods to Labelist Cosmetics, with no undue delay and, in any event, no later than 14 calendar days following the date on which we are informed of their decision to withdraw from the contract at Carrer Roquetes 94, Pol. Industrial Can Magre, 08187 Santa Eulàlia de Ronçana, Barcelona. It shall be deemed that the term has been complied with if the user returns the goods before this deadline has ended. The user must cover the direct cost of the return of the goods. The user shall solely be liable for the reduction of the value of the goods arising out of handling other than the handling needed to establish the nature, the characteristics, and the functioning of the goods. It is hereby stated that any products not sealed following their delivery or that cannot be returned for healthcare or health protection reasons shall not be covered by the right to withdrawal (including but not limited to any beauty products where the lid or seal is removed). The right to withdraw shall not be applicable to contracts relating to the following:
- The supply of goods whose price depends on fluctuations of the financial markets which Labelist Cosmetics cannot control;
- The supply of goods made to order for the consumer or user, or clearly customized goods;
- The supply of goods which can deteriorate or expire quickly;
- The supply of sealed goods that are not suitable for return in order to protect health or hygiene, and which have been unsealed following the delivery;
- The supply of goods which, following their delivery and given their nature, have been inseparably mixed with other goods;
- The supply of alcoholic beverages whose price has been agreed at the time the sale contract is entered into and which cannot be delivered in less than 30 days, whose real value depends on market fluctuations which Labelist Cosmetics cannot control;
- Contracts where the consumer and user has specifically asked Labelist Cosmetics to visit them for urgent repair or maintenance operations;
- The supply of sealed sound and/or video recordings or sealed computer programs which have been unsealed by the consumer and user following the delivery;
- The supply of daily press, periodical publications, or magazines, with an exception being subscription contracts for the supply of these publications;
- The supply of digital content not delivered in a material format when the implementation has started with the prior express consent of the consumer and user, where such party is aware that this involves the loss of the right of withdrawal.
As provided under the General Law for the Defense of Consumers and Users and other supplementary laws, Labelist Cosmetics offers a guarantee of two (2) years for all products following the delivery and we shall proceed, as the case may be, to repair, replace, reduce the price or return the amount of the product. If you need to make a warranty claim, please contact us using the contact methods set out above. This warranty does not cover any possible breakage or wear and tear caused by use. Consumers and users must inform the seller of the lack of conformity within two months following their knowledge of the above.
- Customer Service
Labelist Cosmetics has a Customer Service Department to allow users to manage any claims, doubts, or to make warranty requests or to exercise the right of withdrawal. Users can address their complaints, claims or information requests to the Customer Service Department at Labelist Cosmetics, using any of the following methods: – By sending an email to: firstname.lastname@example.org – By calling the number: 680516042, from Monday to Friday () Any queries and, especially, complaints and suggestions shall be dealt with as soon as possible, not exceeding the deadlines provided under current laws in force in any event. Moreover, you shall be aware of the above with the delivery of a proof document in writing, a hardcopy, or any other durable medium.
- Personal data protection
SKINANDSOUL SL is the data controller of the personal data of the user and informs such party that these data shall be processed in compliance with the provisions laid down under Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights and Regulation (EU) 2016/679, of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and you are hereby provided the following information on processing: Purpose of the processing: Maintaining a commercial relationship with the user. Data collected: The personal data collected on this site are the following:
- Opening of the account: when the user account is created. First name, last name(s), telephone number, postal address.
- Login: when the user logs in to the website, in particular last name(s), name, access details, usage details, location and payment details.
- Profile: the use of the services provided on the website allows a profile to be created, which can include an address and a telephone number.
- Payment: as part of the payment of products and services offered on the website, financial data concerning the bank account, or the credit card of the user are registered.
- Communication: when the website is used to communicate with other members, the data concerning the user’s communications are stored temporarily.
- Cookies: cookies are used when the site is used. The user can disable cookies using the settings of his/her browser.
Use of personal data The purpose of the personal data collected from users is making website services available to them, improving them, and maintaining a safe environment. More specifically, the uses are the following:
- Access and use of the website by users;
- Management of the functioning and optimization of the website;
- Verification, identification, and authentication of data transmitted by the user;
- Suggestions to users to communicate with other users of the website;
- Implementing assistance to users;
- Customizing services with the visualization of advertisements depending on the browsing history of users, according to their preferences;
- Preventing and detecting fraud, managing malware (malicious software) and security incidents;
- Managing potential conflicts with users;
- Sending commercial and advertising information, according to the user’s preferences.
Sharing data with third parties Personal data may be shared with third parties in the following cases:
- Where the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial entities with which it has entered into contracts;
- When the user publishes publicly accessible information in the free comment areas of the website;
- When the user authorizes the website of a third party to have access to his/her data;
- When the website uses service providers to provide user support, advertising, and payment services. These service providers have limited access to user data, in the context of providing these services, and they have the contract liability to use them as provided under the provisions of applicable rules on the protection of personal data;
- Where required by applicable law, the website can transfer data to lodge claims against the website and to comply with administrative and court proceedings.
Security and confidentiality The website applies organizational, technical, software and physical measures regarding digital security to protect the personal data against their modification, destruction, and unauthorized access. However, we note that the Internet is not an entirely safe environment and the website cannot guarantee the security of the transfer or the storage of information on the Internet. Implementation of user rights As provided under applicable regulations on personal data, users are entitled to the following rights, which they can exercise by sending a request to the following address: Paseo Manuel Girona 71 3-2 or to the email address email@example.com. Right to withdraw consent at any time. Right to access, rectification, portability and erasure of data and to the restriction or objection to the processing of the above. Right to lodge a complaint with the supervisory authority (agpd.es) if the user considers that the processing does not follow applicable regulations in force.
- Language of the contract
These General Terms and Conditions of Sale are drafted in Spanish. Should they be translated into one or more foreign languages, the Spanish text shall prevail in the event of litigation.
- Applicable Law
These General Terms and Conditions are governed by the laws of Spain. The parties choose to submit to the courts and tribunals of the address of the user for the resolution of conflicts, waiving any other jurisdiction to which they may be entitled.