GENERAL TERMS AND CONDITIONS OF USE AND CONTRACT

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 sales relationship between Valy and the User during the process of contracting the products offered by Valy through the Website.

Access to the Website implies knowledge and acceptance of these Terms and Conditions and that you are of the age of majority and of sound mind to purchase any of the products available on the Website.

ACCESS AND REGISTRATION

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

OBLIGATIONS OF THE USER

The User is responsible for having the services and equipment necessary for browsing the Internet and accessing the Website. In the event of any incident or difficulty in accessing the Website, the User may inform Valy who will proceed to analyse the incident and give indications to the User on how to resolve it as soon as possible.

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, you undertake to diligently observe these Terms and Conditions.

The 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 may in any way damage, render useless, affect or deteriorate the Website, its contents and services. Likewise, it is forbidden to prevent the normal use or enjoyment of the Website by other Users.

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

Those who breach such obligations shall be liable for any loss or damage they cause.

Valy shall not be liable for any consequence or damage that may arise from such unlawful access or use by third parties.

We are not liable for any consequence or damage that may arise from such unlawful access or use by third parties.

We shall not be liable for any consequence or damage that may arise from such unlawful access or use by third parties.

In general, the User undertakes, by way of example and not limitation, to:
o not to use the Website for any illegal or unauthorised purpose;

o not to use the Website for any illegal or unauthorised purpose;

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

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 honour, image and personal and family privacy of third parties and, in particular, of minors;

o Not to publish in any section of the Website or in your 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 by circumventing, disabling or otherwise tampering with any of the functions or services of the Website;

o Not infringing industrial and intellectual property rights or the regulations governing the protection of personal data;

o Not infringing industrial and intellectual property rights or the regulations governing the protection of personal data;

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

o Do not access the email accounts of other Users;

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

o Do not send mass and/or repetitive e-mails to a plurality of persons, nor send e-mail addresses of third parties without their consent;

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

The 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 may in any way damage, render useless, affect or deteriorate the Website, its contents and services.
Likewise, it is forbidden to prevent the normal use or enjoyment of the Website by other Users.

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

Those who breach such obligations shall be liable for any loss or damage they cause.

Valy shall not be liable for any consequence or damage that may arise from such unlawful access or use by third parties.

Any User may report another User when he/she believes that he/she is in breach of these Terms, and all Users  may report to Valy of any abuse or violation of these conditions, via email valy@valycosmetics.com. Valy will verify this report.

RESPONSIBILITY OF VALY

Valy does not control and shall not be responsible for the contents posted by the Users through the Website, and the latter shall be solely responsible for the legal suitability of such contents.

Valy is under no obligation to monitor and does not control the use that the Users make of the Web Site and, consequently, does not guarantee that the Users use the Web Site in accordance with the provisions of these Conditions, nor that they make diligent and/or prudent use of the same. Valy is under 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 the Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that the 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 effective knowledge that the activity or information stored is unlawful or that it damages the property or rights of a third party. In this regard, Valy 

Valy may establish the necessary filters in order to prevent illegal or harmful content from being disseminated on the network through the service.

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

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

o The presence of a virus in the computer system or mobile terminal of the User that is 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.

PURCHASING PROCESS

User may access the purchase of products offered by Valy through the Website by entering the data requested 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 product purchased. If the User does not receive the confirmation e-mail within twenty-four hours of completion of the purchase, it shall be the responsibility of the User to confirm with Valy the approval of the transaction.

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

Orders placed on the Web Site Valy shall be governed by the prices offered for each product at the time of placing the order. 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.

FORMAS DE PAGO

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

Specifically, the User must take into account the following:

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

o Payment by bank 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 time you make the transfer, you must indicate in the concept of the same order number that will provide Valy 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 as 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 type of cost for possible bank commissions that may be applicable, so that the User will have to assume such commissions.

o Payment in instalments : the User has the possibility of paying in instalments the amount of a product purchased on the Website through the service offered by the Aplazame platform (www.aplazame.com). This is a service that is not provided by  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 intervening in the contracting or maintaining any liability arising from the contracting of the same by the User..

Finance your purchase instantly with Aplazame. Buy now and pay later. At [name of your shop] we want to help you buy what makes you better. You can now finance your purchases in our shop with Aplazame. It’s fast, simple and secure. Choose your product, select Aplazame as your payment method at the end of the purchase process, choose the number of instalments and the day of the month on which you want to pay. Aplazame will grant you the credit instantly. Just with your email, your mobile and your ID number. No paperwork and no small print. What you see is what you will pay, not a cent more! Financing conditions: – When applying 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 the down payment. That is the amount we will finance in the number of instalments you choose. For example, a 6 month finance will involve 7 payments, one at the time of credit 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 to process the credit application is free of charge.

o Payment by 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 charge for the use of this payment method.

o Payment by cash on delivery: the User can make the payment by paying the amount at the time of delivery of the product at the address of the User. This method of payment carries an extra surcharge of FOUR per cent (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 User according to the data provided during the contracting gateway, which will be sent by email to the address provided by the User.

(*) You can finance your purchases and pay for them in instalments with Cetelem España, BNP Paribas group.

You can buy anything 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 formalising the purchase.

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

Sign your contract digitally using a PIN that we send to your mobile and directly attach 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 pay slip / self-employed: last tax return / pensioners: pension revaluation letter).

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

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

TRANSPORT AND SHIPMENT OF PRODUCTS

The transport of 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 means of the “Free 1-day delivery” service consisting of delivery to the User’s address during the afternoon of the following day, with the exception of weekends and public holidays, when delivery will be made on the second day immediately following the last public holiday. In the case of deliveries to the Balearic and Canary Islands, please consult “Shipping and returns”.

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

In any case, in the event that Valy fails to meet the specified delivery date by 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 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 User.

RETURNS, EXCHANGES AND WITHDRAWAL

The User has the right to withdraw from this contract within a period of 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 options available in your case. Although they are not always available, the options are:

– Return the corresponding amount in the same way in which the payment was made in the case of withdrawal.

– Replace for the same item in the case of requesting an exchange for a 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 return options back to our warehouse are:

In the case of a defective product we will collect it and deliver a new one, the cost is borne by Valy.
– In 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 a maximum of 14 working days after we receive the product in our warehouse.

Cost of return

The withdrawal or cancellation of an order that has already left our warehouse has a return shipping cost of 7€, 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 centre. The rest is borne 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 and your order is ready.
  • The withdrawal is due to a defect of 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 😉

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

The return of products will result in a refund equal to the purchase price of the returned product(s) minus the shipping costs incurred.

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, lthe 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 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 given 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 has been prepared, 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 check 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.

*It is the customer’s responsibility to ensure that the product arrives at our warehouse in the correct condition so that we can proceed with the refund or exchange it for another product.
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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 on its website in the configuration and presentation of this and the conditions of access, without assuming any responsibility for it.

INTELLECTUAL PROPERTY

Valy es titular o licenciataria de los derechos de propiedad intelectual e industrial que recaen sobre los textos, diseño gráfico, código fuente y todo el resto de contenido del Sitio Web protegido bajo las leyes de propiedad intelectual e industrial. Como consecuencia de ello corresponde a Valy el ejercicio exclusivo de los derechos de explotación de los mismos en cualquier forma y, en especial, los derechos de reproducción, distribución, comunicación pública y transformación, de conformidad con la legislación española de derechos de propiedad intelectual e industrial.

La autorización al Usuario para el acceso al Sitio Web no supone renuncia, transmisión, licencia o cesión total ni parcial sobre derechos de propiedad intelectual o industrial por parte de Valy

No está permitido suprimir, eludir o manipular de ningún modo los contenidos del Sitio Web de Valy Asimismo está prohibido modificar, copiar, reutilizar, explotar, reproducir, comunicar públicamente, hacer segundas o posteriores publicaciones, cargar archivos, enviar por correo, transmitir, usar, tratar o distribuir de cualquier forma la totalidad o parte de los contenidos incluidos en el Sitio Web de Valy para propósitos públicos o comerciales, si no se cuenta con la autorización expresa y por escrito de Valy o, en su caso, del titular de los derechos a que corresponda.

Usuario que proceda a compartir cualquier tipo de contenido a través del Sitio Web, concede a Valy una licencia no exclusiva, gratuita y mundial limitada a la reproducción y comunicar públicamente dicho contenido a través de la prestación de los servicios del Sitio Web.

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 the free movement of such data and its implementing regulations, VALY informs the user that the personal data you provide will be processed in order to facilitate access to our application and provide our services.

When the user accesses our WEBSITE and/or purchases our products, they are giving their express consent to the processing of their personal data, and agree to receive information about new products, promotions and/or personalised discounts.

Purposes based on compliance with legal obligations:

To comply with the legal obligations that correspond to VALY, we must handle personal data of invoices and related documents, 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 has been made, the transaction data will be recorded to finalise the order. For tax purposes, VALY is obliged to retain invoice details as well as 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 audit purposes, as well as to the carrier of the products purchased. The data may also be required to resolve complaints within the legally stipulated time frame, as well as when supplying you with spare parts for the goods.

When you make an online purchase, your transaction data will be recorded in order to be able to process the payment. For tax purposes, VALY is obliged to keep 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 to, rectification or deletion of his personal data. They may also limit or oppose the processing of their data or exercise their right to data portability.

In order to deliver the goods, VALY needs your shipping address, email address and telephone number to keep you informed of the delivery and formalize it. For the proper handling of your order, VALY may sometimes need to communicate your details 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 of 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), 1a Planta, Sector AD, Oficina 1AD, 08039 Barcelona, NIF number B67331629/ valy@valycosmetics.com .

INDEPENDENCE OF 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 invalidity shall not invalidate the rest of the Conditions, which shall remain in full force and effect between the parties.

If any provision of these Conditions shall be declared wholly or partly void or ineffective, such invalidity or ineffectiveness shall affect only that provision or part thereof which is void or ineffective, and the Conditions shall survive in all other respects, such provision or part thereof being deemed not to have been made.

GOVERNING LAW

These Conditions shall be governed by Spanish law, which shall be applicable in all matters not provided for in these Conditions in terms of 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 e-commerce amicably (Article 14 paragraph 1 Regulation (EU) 524/2013) so that the 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=EN.