These conditions could be modified. It is your responsibility to read them periodically, as the conditions prevailing at the time of conclusion of each contract (as it is defined below) or, failing this, at the time of use of the website are only those that are applicable.
If you have any questions regarding the Terms or the Data Protection Policy you can contact us through our contact form.
- OUR DETAILS
The sale of items through this website is performed under the name ML STYLE & BEAUTY SL, Spanish company established in C / Industria nº12, 08320 El Masnou (Barcelona), registered in the Companies Register of Barcelona, Volume 44261 Folio 113, sheet B-451293 Insc. 1ª and NIF B66265562.
- YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
- USE OF OUR WEBSITE
By using this website and place orders through the same you agree to:
- Make use of this website only to make legitimate inquiries or orders.
- Not make any false or fraudulent orders. If it could reasonably be considered that has made a request of this nature we are entitled to cancel the order and inform the relevant authorities.
iii. Give us your email address, mailing address and / or other contact details truthfully and accurately. Also agree that we may use this information to contact you if necessary.
If you do not provide us all the information that we need, we cannot complete your order. By placing an order through this website, you declare to be over 18 and have legal capacity to enter into contracts.
- AVAILABILITY OF SERVICE
The items offered through this website are only available for shipment to the territory of the European Union.
- HOW THE CONTRACT IS FORMALIZED
To place an order, you must follow the online purchasing procedure. After this, you will receive an email acknowledging the receipt of your order (the "Order Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formalized when we send the "Order Confirmation
- PRODUCT AVAILABILITY
All product orders are subject to the availability of the same. In this sense, if difficulties arise in the supply of products or if there are no items in stock, we reserve the right to provide information about substitute products of superior or equal quality and value you can order. If you do not wish to order such substitute products, we will refund any amount that you would have paid.
Without prejudice to the provisions in clause 7 above regarding the availability of products and unless extraordinary circumstances, we will try to send the order before the delivery date set out in the related Order Confirmation or, if no delivery date is specified, in the estimated period specified by selecting the shipping method and in any case within a maximum period of 15 days from the date of the Order Confirmation. However, delays may occur for reasons such as the occurrence of unforeseen circumstances or delivery area.
If for some reason we cannot meet the delivery date, we will inform you of this fact and give you the option to go ahead with the purchase establishing a new delivery date or cancel the order with full refund of the price paid. Note, in any case, that we do not make home deliveries on Saturdays or Sundays.
For the purposes of these Conditions, it is understood that there has been "delivery" or the order has been "delivered" at the time in which you or a third party indicated by you acquires physical possession of the goods or services, which it is evidenced by the signing of the receipt of order at the agreed delivery address.
- UNABLE TO DELIVER
If we are unable to deliver your order, the carrier will leave a note at home with a phone number that you must call to coordinate the delivery with the carrier.
In the event that within 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we understand that you want to cancel the Contract and we will consider it solved. As a result of the termination, we will refund all payments received from you. Please note that transport derived from the termination of the Contract may have an additional cost, so we are entitled to charge you such costs.
- RISK AND PROPERTY TRANSMISSION
The risks of the products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in connection therewith, including shipping costs, or at the time of delivery (according to the definition contained in clause 9 above), if this should take place at a later time.
- PRICE AND PAYMENT
The price of the products or services will be stipulated at all times on our website, except in case of manifest error. Although we try to ensure that all prices listed on the website are accurate, errors may occur. If we discover an error in the price of any of the products or services you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be canceled and you will receive a full refund of the amount that have been paid.
We are not obliged to supply any product at the incorrect lower price (even if we have sent the Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably recognized by you as incorrect price.
Prices of the website include VAT but exclude shipping costs to be added to the total amount due as set out in our "Shipping Costs".
Prices may change at any time, but (except as set out above) changes will not affect orders in respect of which we have already sent an Order Confirmation.
Once you have selected all the items you want to buy, they will have been added to the cart and the next step will be to process the order and make payment. To do this, you must follow the steps of the buying process, filling or checking the information requested in each step. Also during the buying process, before payment, you can modify your order data. Also, if you are a registered user, you have a detail of all orders placed in the section My Account.
You can use Visa, Mastercard, Eurocard and PayPal as payment methods with complete confidence. All transactions are carried out directly with the website. The transaction is protected by SSL, i.e. your bank details circulate on the Internet in an encrypted and secure connection between your computer and the server. Your personal information never reaches our site.
Credit cards are subject to validation checks and authorization by the issuing institution of the same, but if the issuer fails to authorize payment, we are not responsible for any delay or non-delivery and we cannot formalize a Contract with you.
- PURCHASE AS GUEST
This website also allows the purchase through purchase functionality as a guest. In this type of purchase, you are requested only the fields necessary to process your order data. During the purchase process, you will be offered the opportunity to register as a user or continue as unregistered user.
- VALUE ADDED TAX
In accordance with Article 68 of Law 37/1992 of 28 December about the value added tax, delivery of products or services will be understood located in the territory of application of VAT except Spanish Canary Islands, Ceuta and Melilla. The VAT rate applicable shall be the one legally inforce at any time depending on the particular item in question.
In orders to the Canary Islands, Ceuta and Melilla, deliveries will be found exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of taxes and custom duties pursuant to current regulations in each of these territories.
- RETURN POLICY
14.1 Legal right to cancel the purchase
Right of withdrawal
If you are contracting as a consumer and user, you are entitled to withdraw from this contract within 14 calendar days without justification.
The withdrawal period shall expire 14 calendar days from the day you or a third party indicated by you, other than the carrier has acquired the physical possession of the goods or if the goods that make up your order are delivered separately, the 14 calendar days from the day you or a third party indicated by you, other than the carrier, has acquired the material possession of the last good.
To meet the withdrawal period is sufficient that the communication concerning the exercise by you of this right is sent before the expiry of the deadline.
Effects of withdrawal
In case of withdrawal from your side, we will refund all payments received from you (with the exception of delivery costs), without undue delay and in any case not later than 14 calendar days from the date on we are informed of your decision to withdraw from this Agreement. We proceed to carry out such reimbursement using the same means of payment used by you for the initial transaction. It will not incur any fees as a result of repayment. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of goods return thereof, depending on what condition is met first.
You should return or directly deliver products or services within a maximum period of 14 calendar days from the date on which you communicate us the decision to withdraw from the contract. The deadline is met if you send back the goods before the period has ended. You should bear the direct cost of returning the goods.
Only you will be responsible for the diminished value of the goods resulting from a different handling than necessary to establish the nature, characteristics and functioning of the goods.
14.2 Common provisions
Your right to cancel the Contract shall apply exclusively to products that are returned in the same condition you received them. There will be no refund if the product has been used, products that are not in the same condition in which they were delivered or have been damaged, so you should be careful with the product / s while on your possession. Please return the item using or including all original packaging, instructions and other documents where appropriate accompanying. In any case, you must submit with the product to return the ticket that you received at the time of product delivery duly completed.
You can make free returns in C / Industria nº12, 08320 El Masnou (Barcelona) SPAIN
If you do not wish to return products through some of the free options available, you will be responsible for return costs. Please note that if you decide to return the goods on delivery we are entitled to charge you the expenses we incur.
After examining the article we will inform you whether entitled to reimbursement of the amounts paid. Reimbursement of transportation expenses only take place if the right of withdrawal is exercised within the legal deadline and all items that make up the order in question are returned. Reimbursement will be made as soon as possible and in any event within 14 days from the date you informed us of its intention to withdraw. However, we may withhold reimbursement until we have received the goods back or you have supplied evidence of the return of the property, whichever condition is met first. The refund will always be made in the same payment method you used to pay for the purchase.
You assume the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us through our contact form or by calling (+34) 931 760 071.
14.3 Returns of defective products
If you believe that at the time of delivery the product does not comply with the terms of the contract, you should contact us immediately via our contact form with details of the product as well as the its damage, or by calling at (+34) 931 760 071 where we will indicate how to proceed.
We will proceed to carefully examine the returned product and will notify you by e-mail within a reasonable period if we will refund or replace the good/s The refund or replacement item shall be made as soon as possible and in any event within 14 days after the date on which we send you an email confirming that appropriate reimbursement or replacement of nonconforming item.
The amounts paid for products that are returned because of some defect or defect when actually exists, will be refunded in full, including costs incurred delivery to deliver the item and the costs you incurred to return it to us. The refund will be made in the same means of payment used to pay for the purchase. In any event the rights recognized by law are in force.
- LIABILITY AND DISCLAIMERS
Unless otherwise expressly provided in these Conditions, our liability in connection with any product purchased on our website is strictly limited to the purchase price of the product.
Notwithstanding the above, our liability is not excluded or limited in the following cases:
- In case of death or personal injury caused by our negligence;
- In case of fraud or fraudulent misrepresentation; or
iii. In any case in which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.
Without prejudice to the provisions of the preceding paragraph and to the legally permitted extent, and unless these Conditions otherwise provided, we will not accept any liability for the following losses, regardless of their origin:
- loss of income or sales:
- loss of business;
iii. loss of profits or contracts;
- loss of anticipated savings;
- data loss; and
- 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 it is established otherwise expressly therein.
All product descriptions, information and materials on this website are provided "as a body" without express or implied warranties about them except legally established. In this sense, if you hire as a consumer and user, we are obliged to deliver goods which comply with the Contract, responding against you for any lack of conformity which exists at the time of delivery. It is understood that the products comply with the Contract provided that (i) comply with the description given by us and possess the qualities that we presented on this website, (ii) are fit for the purposes for which the same type products are intended and (iii) its quality and usual features meets the ones that are reasonably expected on a product of the same type.
To the extent permitted by law, we exclude all warranties, except those that may not lawfully be excluded against consumers and users.
The provisions of this clause will not affect your rights as a buyer and/or a user, nor your right to cancel the contract.
- INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights on material or content supplied as part of the website marks correspond at all times to us or who we were granted license for use. You may use this material only in the way that is expressly authorized by us or our licensors for use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contract details.
- VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You should not make improper use of this website by the deliberate introduction into the same of viruses, trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You do not try to have unauthorized access to this website, the server on that page is hosted or any server, computer or database related to our website access. You agree not to attack this website through a denial-of-service attack or a denial of distributed service.
Breach of this clause may entail the commission of offenses defined by applicable regulations. We will report any breach of those rules to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will be immediately unauthorized to use this website.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other software or technologically damaging or harmful material that may affect your computer, computer equipment, data or materials resulting from the use of this website or downloading contents thereof or the links of the same.
- LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third party materials, such links are provided for informational purposes only, without us having any control over the content of such web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send will be in writing. By using this website, you agree that most of these communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send electronically comply with the legal requirements to be written. This condition does not affect your statutory rights.
Notifications that you send us should be given through our contact form. Under the provisions of the above and except clause 19 otherwise provided with, we may send communications either by e-mail or to the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been properly made at the moment when posted on our website, 24 hours after an email, or three days after the date of posting of any letter. To prove that the notification has been made, it is sufficient to prove, in the case of a letter, that had the right direction, it was properly sealed and was duly given at the post office or in a mailbox; in the case of an e-mail , that it was sent to the email address specified by the receiver.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding on you and us and our respective successors and assigns.
You may not transfer, assign, encumber or otherwise dispose of a Contract or any rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any rights or obligations arising under it, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights, if any, recognized by law to you, as a consumer, nor cancel, reduce or limit in any way the warranties, express or implied which we had been able to bestow.
- EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in fulfilling any of our obligations under a contract whose cause are events outside our reasonable control ( "Force Majeure Event").
Force Majeure Event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and among others, the following:
- Strikes, lockouts or other industrial action.
- civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accidents maritime or river transport, postal or any other type of transportation.
It is understood that our obligations under the Contract will be suspended during the period that the Force Majeure Event continues, and we will have an extension in the deadline to comply with these obligations for a period of time equal to the duration of the Force Majeure Event. We will use reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Event.
The lack of requirement from our part to strict compliance by you of any of the obligations assumed by you under a Contract or these Conditions or lack of exercise by us of the rights or actions that could match us under of this Agreement or the Terms shall not constitute a waiver or limitation in relation to those rights or remedies and will not exonerate you from compliance with such obligations.
No waiver by us of a right or concrete action constitutes a waiver of other rights or remedies under the Contract or the Terms.
No waiver by us of any of these Terms or the rights or remedies under the Contract arise effect unless expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the provisions of Notifications previous paragraph.
If any of these Conditions or any provision of a contract being declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in effect without being affected by the declaration of nullity.
- COMPLETE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us relating to the subject thereof and supersede any other agreement, arrangement or earlier promise agreed between you and us verbally or written.
You and us acknowledge having consented to the conclusion of the Agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or written in the negotiations between the two prior to this Agreement, except that which is explicitly mentioned in these Conditions.
Neither you nor we will have action against any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless it was made such untrue statement fraudulently) and the only action that will have the other part is for breach of contract in accordance with the provisions of these Conditions.
- OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and amend these Terms at any time.
You will be subject to the policies and Conditions in force at the time that you use this site or order products, unless by law or governmental bodies we must make changes retroactively to those policies, Terms or Privacy Statement on which case such changes will apply to orders you have previously made.
- APPLICABLE LAW AND JURISDICTION
The use of our website and product purchase contracts through said website shall be governed by Spanish law.
Any dispute arising out of or relating to the use of the website or these contracts will be subject to the non-exclusive jurisdiction of Spanish courts.
If you are contracting as a consumer, nothing in this clause shall affect the rights recognized by current legislation.
- COMMENTS AND SUGGESTIONS
Your comments and suggestions will be welcomed. Please send all feedback and suggestions through our contact form.
ANNEX: Withdrawal form model
(Complete and return this form only if you wish to withdraw from the contract)
To the attention of ML STYLE & BEAUTY SL
Hereby I inform you that I give up my contract of sale of the following goods:
Consumer Signature (only if this form is notified on paper)