GENERAL CONDITIONS OF USE AND CONTRACTING

These General Conditions of Use and Contracting (hereinafter, Conditions) regulate the use and access to the website valycosmetics.com (hereinafter, the Website), owned by SKIN DIGITAL VENTURES, SL (hereinafter, Valy) for users of the Website (hereinafter, User or Users) as well as the contractual relationship of purchase and sale between Valy and the User during the process of contracting the products offered by Valy through the Website.

Access to the Web Site implies knowledge and acceptance of these Conditions as well as being of legal age and being of sound mind for the possibility of acquiring any of the products available on the Web Site.

ACCESS AND REGISTRATION

The User guarantees that all the data about his identity that he voluntarily provides when accessing Valy in its forms are true, exact and complete. In the event that the User provides any false, inaccurate or incomplete information or if Valy considers that there are reasonable grounds to doubt the truthfulness, accuracy and completeness of the same, Valy may deny access and present or future use of the Website or any of its contents and / or services.

USER OBLIGATIONS

The User is responsible for having the services and equipment necessary for Internet browsing and access to the Website. In case of any incident or difficulty in accessing the Website, the User may inform Valy who will proceed to analyze the incident and will give indications to the User on how to solve it in the shortest possible time.

The User is fully responsible for the access and correct use of the Website and its contents and services subject to current legislation, whether national or international, as well as the principles of good faith, morality, good customs and public order. And specifically, it acquires the commitment to diligently observe the present Conditions.

Users shall refrain from using the Website for illicit purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Website, its contents and services. Likewise, it is forbidden to prevent the normal use or enjoyment of the Website to other Users.

Valy may not be held editorially responsible, and expressly declares that it does not identify with any of the opinions that may be issued by Users of the Website, for the consequences of which the issuer of the same is entirely responsible.

Those who fail to comply with such obligations shall be liable for any loss or damage they cause. Valy shall not be liable for any consequence, damage or harm that may arise from such unlawful access or use by third parties.

In general, the User agrees, by way of example and not limitation, to:

o Not to use the Website for illegal or unauthorized purposes;

o Not to host, store, disclose, publish, distribute or share any content that may involve unlawful interference or infringement in any way of the fundamental rights to honor, image and personal and family privacy of third parties and, especially, of minors;

o Not to publish in any section of the Website or in their profile or that of another User any comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;

o Not to alter or modify, in whole or in part, the Website, circumventing, disabling or otherwise manipulating the functions or services of the same;

o Not to infringe the industrial and intellectual property rights or the rules regulating the protection of personal data;

o Not to use the Website to slander, defame, intimidate, violate the self-image or harass other Users;

o Not to access the e-mail accounts of other Users;

o Not to introduce computer viruses, defective files, or any other computer program that may cause damage or alterations in the contents or systems of Valy or third parties;

o Not to send massive and/or repetitive e-mails to a plurality of persons, or send e-mail addresses of third parties without their consent;

o Not to carry out advertising of goods or services without the prior consent of Valy.

Any User may report another User when he/she considers that he/she is in breach of these Conditions, likewise all Users may inform Valy of any abuse or violation of these conditions, through the email valy@valycosmetics.com. Valy will verify this report, as soon as possible, and will take the measures it deems appropriate, reserving the right to remove and / or suspend any User of the Website for breach of these Conditions. Valy also reserves the right to remove and/or suspend any message with illegal or offensive content, without prior notice or further notification.

LIABILITY OF VALY

Valy does not control and will not be responsible for the content posted by Users through the Website, being these the only ones responsible for the legal adequacy of such content.

Valy has no obligation to control and does not control the use that Users make of the Website and, therefore, does not guarantee that Users use the Website in accordance with the provisions of these Conditions, nor that they make diligent and/or prudent use of the same. Valy has no obligation to verify and does not verify the identity of the Users, nor the veracity, validity, completeness and/or authenticity of the data provided by them.

Valy excludes any liability for damages of any kind that may be due to the unlawful use of the Website by Users or that may be due to the lack of accuracy, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, but not exclusively, for damages of any kind that may be due to the impersonation of a third party by a User in any kind of communication made through the Website.

Without prejudice to the foregoing, Valy reserves the right to limit, totally or partially, access to the Website to certain Users, as well as to cancel, suspend, block or delete certain types of content, through the use of technological instruments suitable for this purpose, if it has actual knowledge that the activity or information stored is unlawful or that it harms property or rights of a third party. In this sense, Valy will be able to establish the necessary filters in order to avoid that through the service can be poured in the network illicit or harmful contents.

Valy shall not be liable in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, nor for interruptions of the Internet network or for any other reason beyond its control.

Valy is not responsible for any security errors that may occur or damage that may be caused to the User 's computer system (hardware and software), files or documents stored therein, as a result of:

o The presence of a virus in the User 's computer system or mobile terminal used to connect to the services and contents of the Website;

o A malfunction of the browser; as well as the use of non-updated versions of the same.

PURCHASE PROCESS

The User will be able to access the purchase of the products offered by Valy through the Website by entering the requested data in the corresponding form of the purchase gateway of the Website. Subsequently, the User must follow all the steps of the purchase procedure marked by the Website.

Likewise, the Web Site's purchase gateway will inform the User, once the purchase procedure has been completed, via e-mail, of all the relevant characteristics of the purchased product. If the User does not receive the confirmation email within twenty-four hours after the completion of the purchase, it will be the responsibility of the User to confirm with Valy the approval of the transaction.

The prices of the products offered on the Web Site include the Value Added Tax (VAT) or other taxes that may be applicable and in any case will be expressed in the Euro currency (€).

Orders placed on the Valy Web Site shall be governed by the prices offered for each product at the time the order is placed. The applicable prices will be those published automatically during the purchase process in the last phase of the same. The User will always be informed of the final price of the purchase of a product prior to the completion of the purchase gateway.

PAYMENT METHODS

The User may make the payment by selecting one of the payment methods available on the Website (payment by credit card, payment in installments, payment by bank transfer, payment with PayPal). Some payment methods may involve a surcharge on the final price for which the User will be informed each time in advance.

In particular, the User must take into account the following:

o Payment by card: the User may pay for his order by debit or credit card. The Website uses the payment gateway of an external provider (BancSabadell) although it is integrated in Valy's Website.

o Payment by transfer: the User must make the transfer to a Banc Sabadell bank account that will be indicated at the end of the purchase process. The User at the moment that he makes the transfer, will have to indicate in the concept of the same one the number of order that Valy will facilitate to him at the end of the purchase process. The User is aware and accepts that the method of payment by transfer may involve a delay in the delivery of the order since Valy will not start the preparation of the shipment until it has verified that the amount transferred matches the exact amount of the order. Valy will not assume any cost for possible bank commissions that may be applicable and the User will have to assume such commissions.

o Payment in installments: the User has the possibility of paying in installments the amount of a product purchased on the Website through the service offered by the platform Aplazame (www.aplazame.com). This is a service outside Valy and Valy only facilitates its contracting through the Website. Therefore, the User is subject at all times to compliance with the particular conditions of this service without Valy intervene in the recruitment or maintain any liability arising from the hiring of the same by the User.

Finance your purchase instantly with Aplazame. Buy now and pay later. In [name of your store] we want to help you buy what makes you be and be better. You can now finance your purchases in our store with Aplazame. It's fast, easy and secure. Choose your product, select Aplazame as payment method at the end of the purchase process, choose the number of installments and the day of the month you want to pay. Aplazame will grant you the credit instantly. Just with your email, your cell phone and your ID number. No paperwork and no small print. What you see is what you will pay, not a penny more! Financing conditions: - When you apply for the loan you will be asked; to make an initial down payment. The amount of your loan will be the amount of your basket minus that down payment. That is the amount we will finance in the number of installments you choose. For example, a 6-month financing will involve 7 payments, one at the time the loan is granted and 6 payments in each of the 6 months following the purchase. - Payments are made with the card provided by the customer to Aplazame. - The SMS sent by Aplazame for the processing of the credit application has no cost to you.

o Payment via PayPal: the User can use the PayPal platform as a payment gateway for the amount of the product purchased on the Website. Valy will not charge any extra fee for the use of this payment method.

o Payment on delivery: the user can make the payment by paying the amount at the time of delivery of the product at the user's home. This method of payment carries an extra surcharge of FOUR percent (4%) on the price of the total amount of the order placed on the Website.

Any payment made to Valy will entail the issuance of an invoice in the name of the User according to the data provided during the contracting gateway, which will be sent by e-mail to the address provided by the User.

(*) You will be able to finance your purchases and pay for them in installments with Cetelem España, BNP Paribas group.

You will be able to buy everything you want from 120€ or with a minimum monthly payment of 12€/month. In addition, you do not start paying until at least 10 days after formalizing the purchase.

To apply for financing make your purchase and select the financing option as payment method, from there begins the process of financing Cetelem. It is 100% digital, fast, simple and convenient.

Sign your contract digitally using a PIN that we send to your mobile and attach directly the documentation requested in the process.

The necessary documents are:

1) ID card on both sides or residence card (for foreign residents).

2) Proof of income (salaried: last paycheck / self-employed: last income tax return / pensioners: pension revaluation letter).

3) First page of the bank book or a direct debit receipt showing the IBAN code. The holder of the contract must be the holder of the bank account.

If you are already a Cetelem client, all you need is your ID card and your cell phone. No forms to fill in and no documentation to send.

TRANSPORT AND DELIVERY OF PRODUCTS

The transport of the products purchased through the Website is included in the price unless expressly stated otherwise prior to the completion of the purchase process. The transport service offered by Valy does not include any assembly service of the products purchased through the Website.

Products purchased before 15:00 hours will be delivered by the service "Free delivery in 1 day" consisting of delivery at the User 's home during the afternoon of the following day, except weekends and holidays in which delivery will be made during the second day immediately following the last holiday. In the case of shipments to the Balearic and Canary Islands, please refer to "Shipping and Returns".

However, the User must take into account that although Valy makes its best efforts to ensure that the service "Free delivery in 1 day" works correctly at all times, sometimes and for reasons beyond Valy's control, the order may be slightly delayed not exceeding in any case a period exceeding five working days.

In any case, in the event that Valy fails to comply with the delivery date specified in more than 5 working days, the User may choose to cancel the order and Valy will proceed to refund the purchase amount in the same way used during the purchase, in the shortest possible time. In no case shall be considered a breach of this clause by Valy when the order has been delayed by the will of the User or the User could not be located at the address specified for delivery of the product or through the means of contact provided by the User.

RETURNS, EXCHANGES AND WITHDRAWAL

The User has the right to withdraw from this contract within 14 calendar days without justification.
The withdrawal period will expire 14 calendar days from the day you receive the product.

Before making any return you must contact us via email valy@valycosmetics.com, indicating your order number.

Once we receive your return request, we will provide you with the available options according to your case. Although they are not always all available, the options are:

- Return the corresponding amount in the same way in which the payment was made in the case of withdrawal.*
- Replace by the same item in the case of requesting an exchange for defective product.
- Generate a discount code for future purchases.

*Options not available in all cases. Subject to the type of product purchased, the shipping destination and the purchase channel used. Ultimately, Valy reserves the right to choose the replacement option.

The options for return to our warehouse are:

- When it is a defective product we pick it up ourselves and deliver a new one, the cost is borne by Valy.
- In all other cases, send by your own means to our warehouse.

Any refund to the customer, as a result of a return, will be made within 14 working days after we receive the product in our warehouse.

Costs derived from the return

The withdrawal or cancellation of an order that has already left our warehouse has a return cost of 7€ derived from the transport, which will be deducted from the associated refund, once we receive the product.

These costs cover part of the initial shipment and the return to our logistics center. The rest will be assumed by us.

The following cases will not generate return costs:

  • The order has not left our warehouse, i.e. you have not received the tracking number as your order is already prepared.
  • The withdrawal is due to a defect in the product received.
  • Due to supply problems or logistical delays, the delivery of your order is 20 calendar days from the date of purchase.
  • Send by own means the return to our warehouse, communicating the tracking number to valy@valycosmetics.com. Below we explain how to do this 😉

* In the case of having received the order in multiple packages will have to make a return for each of them, with the relevant shipping costs in each case.


The return of the products will give rise to a refund equal to the purchase price of the product/s returned minus the generated expenses of the transport.

Whenever a product is returned the customer will receive an email confirming the return and the amount.

If the reason for the return or replacement of the product is apparently defective that later turns out not to exist, and we verify that the product works properly, we will charge, through the payment method used by the customer,the costs generated from the return (7€) and the cost of the replaced product.

Return by own means

Another option to proceed with the withdrawal or return, always contacting previously with our customer service, is to proceed with the shipment of the product/s to be returned directly to our warehouse, informing later the tracking number generated.

If the reason for the return or replacement of the product is apparently defective that later turns out not to exist, and we verify that the product works properly, we will charge, through the payment method used by the customer,the costs generated from the return (7€) and the cost of the replaced product.

During the return process, our customer service will inform you how to proceed, but here are the steps to follow:

1. Pack the product or products to be returned, preferably in their original packaging, but if this is not possible, any box will do as long as it is well closed. Once the box is closed, write the RMA# that we have provided you by e-mail on the outside of the box, near where you put the label. If you wish, you can also print the RMA e-mail and put it inside the box. It is important that the RMA# is clearly visible so that we can identify it later.

2. Once the package is ready, deliver the package to the transport agency of your choice and deposit the box there, providing this shipping address:

SKIN DIGITAL VENTURES SL
Plaça Pau Vila,1, 1a planta, Sector A
08039, Barcelona
Spain

*Valy will not assume any total or partial cost derived from imports or customs formalities. Please consult with the shipping agency before proceeding with the shipment.

It is very important to provide our customer service with the tracking number generated with the return.


3. You will receive an e-mail when we have received your package and we have verified the products for the corresponding refund.

1. Pack the product or products to be returned, preferably in their original packaging, but if this is not possible, any box will do as long as it is well closed. Once the box is closed, write the RMA# that we have provided you by e-mail on the outside of the box, near where you put the label. If you wish, you can also print the RMA e-mail and put it inside the box. It is important that the RMA# is clearly visible so that we can identify it later.

*It is a responsibility of the customer the arrival in correct conditions of the product to be returned to our warehouse to be able to proceed with the refund or exchange it for another product.

UPDATING AND MODIFICATION OF THE WEBSITE

Valy may modify these Terms at any time by e-mail or by posting the modified terms on the Website. All amended terms will automatically become effective 30 days after they are posted.

Valy also reserves the right to make, at any time and without prior notice, updates, modifications or deletion of information contained in its Web Site in the configuration and presentation of this and the conditions of access, without assuming any responsibility for it.

INTELLECTUAL PROPERTY

Valy is the owner or licensee of the intellectual and industrial property rights over the texts, graphic design, source code and all other content of the Web Site protected under the laws of intellectual and industrial property. As a consequence, Valy has the exclusive rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.

The authorization to the User for the access to the Web Site does not suppose resignation, transmission, license or total or partial cession on rights of intellectual or industrial property on the part of Valy.

It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in the Valy Web Site for public or commercial purposes, without the express written authorization of Valy or, where appropriate, the holder of the corresponding rights.

The User who proceeds to share any type of content through the Web Site, grants Valy a non-exclusive, free and worldwide license limited to the reproduction and public communication of such content through the provision of the services of the Web Site.

PROTECTION OF PERSONAL DATA.

In compliance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and its implementing regulations, VALY informs the user that the personal data you provide will be processed for the purpose of facilitating access to our application and providing you with our services.

When the user accesses through our website and / or purchase our products, you are giving your express consent to the processing of personal data, and agree to receive information about new products, promotions and / or personalized discounts.

Purposes based on compliance with legal obligations:

To comply with the legal obligations that correspond to VALY, personal data must be handled invoices and documents related to these, addresses of our customers to make shipments of the products purchased, credit card data and / or debit cards as a means of payment used, or customer bank account when this has been provided to make payment for the product or authorized the charge on account, as well as to respond to claims from both customers and those coming from the Public Administrations.

Once the payment is made, the transaction data will be recorded to finalize the order. For tax purposes, VALY is obliged to retain details of invoices and related documents such as requests for duplicate invoices or VAT refunds for ten years.

In some cases it is necessary to provide information to Authorities or third party companies for auditing purposes, as well as to the carrier of the purchased products. Also the data may be necessary to resolve claims within the legally established time, as well as when supplying you with spare parts for the items.

When you make an online purchase, your transaction data will be recorded in order to process the payment. For tax purposes, VALY is required to retain details of each purchase for ten years.

VALY stores data about your purchases in order to be able to respond to any questions regarding the warranty, to service the warranty, as well as other questions or complaints about the product. The information is stored for a period equivalent to the product warranty. The user may, however, at any time, request access, rectification or deletion of his personal data. As well as limit or oppose their treatment, or exercise the right to portability of the same.

In order to deliver the goods, VALY needs your shipping address, email address and phone number to keep you updated on the delivery and formalize it. For the proper management of your order, it will sometimes be necessary for VALY to communicate your data to the carrier that will deliver your order. This transfer will be made only when strictly necessary to provide the requested service. The user is informed and consents to this communication.

In any case VALY will not use the personal data of data subjects for purposes other than those mentioned above, and undertakes to maintain due professional secrecy and to establish the necessary technical and organizational measures to safeguard the information in accordance with the requirements set forth in the aforementioned Regulation.

We also inform you of your right to file a complaint with the Spanish Data Protection Agency, if you consider that your rights are not being respected in the processing of your data.

Data controller: SKIN DIGITAL VENTURES, S.L. - Plaza Pau Vila, 1 (Edificio Palau de Mar), 1st Floor, Sector AD, Office 1AD, 08039 Barcelona, with Tax Identification Number B67331629/ valy@valycosmetics.com.

INDEPENDENCE OF THE CLAUSES

If any of the clauses of these Conditions is null and void or voidable, it shall be deemed not to have been included. Such declaration of nullity shall not invalidate the rest of the Conditions, which shall remain in force and effective between the parties.

If any clause of the present Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null or ineffective, and the Conditions shall subsist in all other respects, and such provision or the part of the same that is affected shall be deemed not to be in force.

GOVERNING LAW

The present Conditions shall be governed by Spanish law, which shall be applicable in all matters not provided for in these Conditions regarding interpretation, validity and execution. Likewise, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona.

The European Commission has recently made available to consumers in the European Union the online dispute resolution platform to resolve disputes arising in electronic commerce amicably (Article 14 paragraph 1 Regulation (EU) 524/2013) whereby Users of the Website are entitled to file complaints at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES.