legal terms & conditions
The following is a detailed list of the terms and conditions of purchase applicable to purchases made by the Consumer and User (hereinafter, “the Client“) through this platform.
The use of the online platform www.peroxide.store, as well as the purchase and sale of any of the products offered therein (hereinafter, the “online purchase“), implies the full and express acceptance of the General Conditions of Purchase and the Privacy and Data Protection Policies described below, which PEROXIDE reserves the right to modify, being applicable the General Conditions that were published on the platform at the time of the online purchase by the Customer.
GENERAL TERMS AND CONDITIONS
In accordance with the provisions of article 10 of Law 34/2002, of July the 11th, on Information Society Services and Electronic Commerce, the following information is hereby provided:
Both the present electronic domain, www.peroxide.store, as well as the information collected from the use of the same are owned by CLAUDIA PERE ESTEVE, of legal age, with DNI number 48018009-N, with registered office at Carrer Vespella nº 13 in Creixell, C.P. 43839 (Tarragona), with contact telephone +34 622 025 777, and contact e-mail firstname.lastname@example.org.
Description of products
For each of the products offered on www.peroxide.store, the owner shall provide the Consumer with a detailed description of the products. In particular, their size, composition and price.
As far as possible, and depending on availability and commercial strategies, PEROXIDE will make images of the products available to the Client. Whose ownership corresponds to CLAUDIA PERE ESTEVE, of which she reserves all rights of use.
The identity between the detailed description of the products and the characteristics of the products shall imply full conformity of the products.
The availability of products on the website will be updated periodically depending on the stock available at PEROXIDE. Therefore, all orders placed online will be subject to availability.
It is expressly stated that PEROXIDE will not intentionally offer more units for each product on this website than are available in stock.
Therefore, if for reasons beyond PEROXIDE’s control or not attributable to PEROXIDE, the latter offers for sale a product whose stock is no longer available, and this product is purchased by a Customer, PEROXIDE undertakes to offer the Customer, after notifying the Customer and with the Customer’s consent, the option of choosing between:
- Refund any amount that may have been paid without any kind of penalty, through the same means of payment by which the on-line purchase was made.
- Replace the out-of-stock product with another model of equal quality and value available in stock.
- If PEROXIDE has the possibility that the product in question is available in stock again, it will be delivered to the Customer, with the consequent modification of the delivery times of the same, depending on the stock forecast.
Legal and quality assurance policy
In accordance with the provisions of Royal Legislative Decree 1/2007, of November the 16th, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, PEROXIDE is liable to the Customer for any lack of conformity due to manufacturing defects existing at the time of delivery and which become apparent within the following 2 years.
The Customer must notify and describe to PEROXIDE without undue delay any lack of conformity of any goods delivered as soon as the cause of the lack of conformity can be reasonably ascertained.
In no case shall it be considered as a manufacturing defect:
- General damage caused by improper or abnormal use of the product.
- Bumps and scratches caused by normal use of the product.
- Detachment or breakage of gems or other applied elements.
- Stains or changes of lustre on metals, gems or other elements caused by external chemical agents.
If the product does not conform to the stipulated characteristics of the product, the Customer may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the Customer informs PEROXIDE of the option chosen, both parties will have to abide by it.
Description of prices.
It is expressly stated that the prices indicated on the website include Value Added Tax (at the corresponding percentage according to the applicable legislation in force at any given time). However, shipping costs, if any, should be added to this amount. This is without prejudice to the fact that PEROXIDE may choose, for certain products or for certain orders, to assume the aforementioned shipping costs at its own expense.
The online purchase of the products offered on the website implies full and express knowledge by the Client of the possibility that PEROXIDE may add to the order the corresponding shipping costs, the final amount of which will be notified to the client, after completion and payment of the purchase. All of the above, in accordance with the provisions of article 621-5 of Law 3/2017, of 15 February, of the sixth book of the Civil Code of Catalonia, relating to obligations and contracts, and amending the first, second, third, fourth and fifth books.
It is understood that the total price of the product or products purchased shall in no case be different from the price reported for each product. Without prejudice to the foregoing, the determination, where appropriate, of the shipping costs, the amount of which the customer will be informed once the products have been chosen (but before the completion of the purchase), will in no case entail a change in the total price of the product.
The prices of the articles published on the website are subject to change. Without prejudice to the foregoing, possible changes will not affect orders for which an Order Confirmation e-mail has been sent.
Customs declaration and special taxes and duties
All international shipments (understood as those outside the European Union or the European Economic Area) shall be accompanied by an import/export declaration to the customs authorities, the contents of which shall expressly state the total amount of the order, product by product.
It is the Client’s responsibility to pay the international taxes or duties, tariffs, and expenses levied or applicable to the products purchased, within the territory of collection or destination.
Eligibility for procurement
The Client declares and guarantees to act in good faith, making use of this website exclusively with the intention of making enquiries or processing orders for personal use, and under no circumstances to acquire the products offered on https://www.peroxide.store subsequent resale or parallel distribution, which could in any way bring any commercial benefit.
When processing any type of order or requesting information of any kind, the user undertakes to provide the information requested in a truthful, accurate and unequivocal manner. The user expressly consents that PEROXIDE may use this information, as detailed in the corresponding section on data protection, as well as to contact the user, both by telephone and telematically, if the processing or normal course of the order so requires.
PEROXIDE reserves the right to cancel or cancel any order if the contact details, identification or delivery address indicated in the order are manifestly erroneous, inaccurate or incomplete.
Likewise, by submitting any type of query through this website, or by placing any type of order, the Client declares that he/she is of legal age and has sufficient legal capacity to act and enter into contracts.
Form and methods of payment
PEROXIDE undertakes to provide users with a secure telematic payment gateway for credit or debit cards (Visa, Mastercard, Visa Electron and similar cards), offered by the bank […].
By authorising payment, the Customer is confirming that the credit or debit card is owned by him/her. Credit cards will be subject to checks and authorisations by the issuing entity, so if said entity does not authorise the payment. PEROXIDE will not be responsible for non-delivery or late delivery, and the purchase will not be formalised.
PEROXIDE undertakes not to store, under any circumstances, sensitive information such as card numbers or authentication codes.
Under special conditions, we also offer the possibility of payment by bank transfer or deposit. In this case, PEROXIDE reserves the right to delay the delivery of the products purchased until the necessary payment guarantees are in place.
The Customer undertakes to make full payment for the products purchased within the time established by the company.
Formalisation of the Order
Once the General Terms and Conditions have been accepted and the purchase has been confirmed to the Customer, the Customer will receive an email confirming the order, with the details of the transaction.
Delivery methods and deadlines
Once the purchase has been confirmed, the delivery time will not exceed 15 working days, the usual delivery time being less than 48-72 hours for deliveries within the national territory whose order has been processed and confirmed between Monday and Friday.
Notwithstanding the foregoing, PEROXIDE is not responsible for delays in the shipment of orders, which may be caused by force majeure, or causes not attributable to the seller, and in particular, for those delays attributable to the transport agency.
If after FIVE (5) working days from the confirmation of the order, the customer has not agreed a delivery date with the transport company, the customer must contact PEROXIDE.
If the customer does not contact PEROXIDE, the transport company will proceed to return the shipment to its origin and the customer will have to assume the management costs associated with the shipment and return.
PEROXIDE reserves the right to restrict the geographic scope of distribution in the event that the safe delivery of the products cannot be guaranteed.
Diligence in delivery
The Customer undertakes to check the good condition of the shipment at the time of delivery with the carrier and must report any anomaly detected on the delivery note (breakage of security labels, external knocks, humidity, etc.), and may refuse delivery.
The Customer must inform PEROXIDE of any incident in the delivery by e-mail to XXX or by post to XXXX.
Delivery shall be deemed to have taken place or the order to have been delivered when the Customer (or a third party on his behalf) acquires material possession of the product or order, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
Returns and right of withdrawal
In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the consumer and user will have a period of up to fourteen calendar days to exercise the right of withdrawal. This period shall begin on the day on which the Customer has received the product that is the object of the contract.
To make a return, or exercise the right of withdrawal, the Customer must contact PEROXIDE by e-mail XXXXX or by post addressed to XXXXX, and follow the instructions provided.
Under no circumstances will returns be accepted if they do not comply with the procedure and channels indicated by PEROXIDE.
It is expressly stated that, under no circumstances, will PEROXIDE accept the return or withdrawal of those special, customised or made-to-order orders. When acquiring such products, this circumstance will be expressly and unequivocally communicated to the Customer, so that he/she can know in advance the impossibility of withdrawing from the acquisition of such goods. (This is without prejudice to the Customer’s intention to further modify or customise the product, which will be subject to the conditions of sale determined by PEROXIDE, with the prior written consent of the Customer).
Under no circumstances will we accept the return of products that have been tampered with or that show signs of use. It is essential that the products to be returned retain their original packaging (packaging, documentation, accessories, etc.). If, for any of the reasons described above, it is not possible to process the return or withdrawal of the product in question, this circumstance will be notified to the Client within a maximum period of FOURTEEN (14) calendar days from the date on which the Client has been informed of the decision to withdraw from the contract, through the channel indicated by the latter for this purpose.
Once the right of withdrawal has been exercised by the Customer, PEROXIDE will refund the sums paid by the Customer. Notwithstanding the above, the shipping and return costs paid by the Customer will not be refunded. The refund of these amounts will be made before FOURTEEN (14) calendar days have elapsed from the date on which the Customer has been informed of the decision to withdraw from the contract.
Privacy and data protection policy
In accordance with the provisions of current legislation on the Protection of Personal Data, the Customer is informed that their data will be part of a file owned by CLAUDIA PERE ESTEVE, in order to carry out and process orders processed through this website, as well as to perform the billing of the same.
PEROXIDE does not guarantee the correct provision of the services, if the Customer does not provide all the data requested at the time of processing the order (including those identified as optional), in a complete, correct and accurate manner.
Customer data will be transferred to carriers or distributors, when the transfer of customer data is necessary for the proper development and fulfilment of orders ordered, it being understood that the Customer expressly accepts this transfer at the time of finalizing the purchase. The data will also be transferred to third parties in those cases in which such transfer is required by law.
Without prejudice to the foregoing, the personal data requested will be safeguarded and managed with due diligence and confidentiality, applying the computer security measures imposed by current legislation to prevent access to or improper use of your data, its manipulation, deterioration or loss.
In order to comply with current legislation on this matter, the Client may exercise their rights of access, rectification, cancellation, limitation, opposition and portability free of charge by sending a letter to email@example.com or by post to c/ Vespella, 13 – 4839, Creixell, Tarragona (SPAIN).
Prevention of money laundering and terrorist financing
In accordance with the provisions of Royal Decree 304/2014, of 5 May, approving the Regulations of Law 10/2010, of 28 April, on the prevention of money laundering and the financing of terrorism, as well as Law 10/2010, of 28 April, on the prevention of money laundering and the financing of terrorism, the client expressly states and declares that he/she is the real owner of the operation, and PEROXIDE warns him/her at this moment that his/her data may be transferred to those entities or bodies that, in accordance with the provisions of the aforementioned regulatory texts, I have the right to access them.
In those cases in which the amount of the purchase or orders reaches or exceeds ONE THOUSAND EUROS (1.000.-€), the Customer will be required to identify himself/herself with a copy of his/her ID or NIE, on both sides, or valid Passport, which he/she will send to firstname.lastname@example.org. Therefore, PEROXIDE reserves the right to withhold or keep the order or order at a standstill until the customer identifies himself/herself. The purchase-sale operation may be understood to be resolved if, from the moment the Client has been requested to formally identify himself/herself, a reasonable period of time has elapsed, which in no case will be less than FOURTEEN (14) DAYS, without the latter having complied with such requirement.
Applicable law and jurisdiction
The use and purchase contracts arising from orders placed through www.peroxide.store shall be governed by Spanish law, and failing that, by the European legislation that may be applicable. And in particular, by the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. And, where applicable, by the autonomous regulations that may be applicable, such as Law 3/2017, of 15 February, of the sixth book of the Civil Code of Catalonia, relating to obligations and contracts, and amending the first, second, third, fourth and fifth books.
Any dispute arising from these general terms and conditions of contract, for any purchase made through this website will be submitted to the jurisdiction of the Spanish Courts and Tribunals, or failing that, to the Courts and Tribunals of the Consumer’s domicile, if such circumstance is considered imperative by any applicable rule in the State of the defendant’s domicile, regardless of whether it derives from a national or Community rule or from a bilateral agreement signed with Spain.