GENERAL CONDITIONS OF SALE
These Conditions regulate the legal relationship derived from the purchase-sale process formalized by the Customer through the Website (PIBUCOSMETIC.COM).
These general conditions of sale will govern the purchases of any product (the “Products”) indicated on our website.
The Products are offered for sale exclusively to direct users who, by virtue of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (the “TRLGDCU”), are considered consumers (the “Customers”). Consequently, some categories of potential buyers will not be able to acquire the Products, such as those whose purpose is to resell the Products to third parties, for example retailers/traders, wholesalers, resellers, professionals, etc.
Each purchase operation is governed by the provisions of the TRLGDCU, in Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and in the other applicable regulations, as well as by these conditions of sale, published in the link Conditions of sale of the Website. Unless otherwise indicated, the Customer may carry out the purchase operation in the same language in which these conditions of sale are written. These conditions of sale have been drafted by Felícitas Medina Alamillos, (hereinafter, “PIBUCOSMETIC.COM”), which is the only contractual counterpart of the Customers and which assumes the obligation to satisfy the orders of Products. Felícitas Medina Alamillos maintains this activity in accordance with Spanish laws, and has its registered office at the following address:
PIBUCOSMETIC.COM. Avda. de la Innovación, Edificio Sierra Este, floor 1, module 5. 41020 of Seville.
DURATION OF THE CONDITIONS OF PURCHASE
The period of validity of the offer and the price of the Products will correspond to the time during which they remain published on the Website, except for typographical error, so that PIBUCOSMETIC.COM reserves the right to modify these conditions of sale in the future. In such a case, the modified conditions of sale will be valid and enforceable only with respect to the orders that the Customer submits after said revised conditions are published on the Website. Therefore, PIBUCOSMETIC.COM invites the Customer to review the most recent version of the conditions of sale before placing an order.
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The Customer, with the shipment of his order, unconditionally accepts and undertakes to respect these conditions of sale in his relations with PIBUCOSMETIC.COM, also stating that he has the status of “consumer” in the sense of the TRLGDCU. The Customer acknowledges that PIBUCOSMETIC.COM is not bound by conditions of sale other than those established here, unless otherwise agreed in advance and in writing.
The Customer expressly accepts the full and unreserved adherence to these conditions of sale, in the version published by PIBUCOSMETIC.COM at the time the Customer purchases the product in which he is interested. Therefore, the Customer undertakes to carefully read the conditions of sale, each time he proceeds to the purchase of a product, since they may have been subject to modification since the last time he accessed.
By accepting these General Conditions of Contract, the Customer declares:
• That it is a person with the ability to hire.
• That you have read and accept these general contracting conditions.
The Buyer will always and in any case, prior to the start of the product purchase procedure, to these General Conditions of Sale, which may be stored and/or reproduced on a durable medium.
The Consumer recognizes that the contract for the sale of Products is completed when the purchase procedure is completed; the Customer also recognizes that it is at that time when the Customer becomes obliged to pay the final purchase price of the Products purchased, which will include all applicable taxes and will break down the additional expenses incurred during the purchase process.
PIBUCOSMETIC.COM reserves the right to modify the prices of the products published on the aforementioned website when it deems it appropriate and making it visible on the Website. All materials included on the Website (including but not limited to all images, texts, trademarks, logos or other distinctive signs) belong to PIBUCOSMETIC.COM or third-party licensors and are protected as works subject to intellectual or industrial property rights.
Consequently, the Customer may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph, without the prior written authorization of PIBUCOSMETIC.COM or the legitimate third-party owner of the corresponding rights. The Customer must use the Products only for their own needs, being obliged not to carry out either directly or indirectly a commercial exploitation of the materials, elements and information contained therein. Violation of this clause may lead to the initiation of legal actions, both civil and criminal, against the offender.
PROCEDURES TO CONCLUDE THE PURCHASE CONTRACT
The Customer must register as a user on the website, must have an email address and provide truthful and accurate data; the customer is responsible for all the activity of his account. Your account may be canceled if it is used to carry out activities that violate these contracting conditions.
The contract is formalized in Spanish, in accordance with these Conditions.
The offers will have the validity that is specified in each case on the Website.
The Customer will be able to consult the essential characteristics of each product through its description on the Website.
To buy on the Website you will be asked to follow the following steps:
Select the desired Product. – Login or Register a new user. – Enter your user data or create your account if it is the first time that an order has been placed on the web.
Confirmation of shipping data.
Payment and shipping medium selection. – The final price based on the additional services selected will be automatically shown to you. This final price will include both transport costs and other possible expenses indicated during the purchase procedure.
Confirmation of the purchase.
DURATION OF THE CONDITIONS OF PURCHASE
OBLIGATIONS OF PIBUCOSMETIC.COM
PIBUCOSMETIC.COM, undertakes to comply with the following contractual obligations arising from the commercial relationship with the Customer because of the contracting of the services by the same:
Provide with the maximum guarantees to the Customer, the service requested by him in accordance with the provisions of the contracting conditions, without failing to comply with contractual good faith.
Expressly inform the Customer of the existence of these conditions. prior to the start of the contracting procedure.
Inform the Customer prior to contracting and in a concrete, clear, precise and unequivocal way, of the specific characteristics of the requested services, such as the price of them and the taxes that are applicable to them.
OBLIGATIONS OF THE CLIENT
For its part, the Customer undertakes to:
Carry out full compliance with the provisions of these conditions of the services provided by PIBUCOSMETIC.COM.
Complete the registration forms prior to the start of the hiring procedure with truthful and current information.
Correctly provide the bank details requested by PIBUCOSMETIC.COM.
Pay the price of the products purchased, without the presentation of a claim exempting you from this obligation.
All information provided to the client will be binding on the offeror in the terms established by current legislation.
Every Customer has the right that the goods he acquires are of the contracted category and legal requirements or of that quality that is in direct proportion to the category of the product.
DELIVERY OF THE PRODUCTS
PIBUCOSMETIC.COM will deliver the Products purchased at the address indicated by the Customer, although only when it is an address located within the Spanish territory except for Ceuta and Melilla. PIBUCOSMETIC.COM guarantees the delivery of the order within the indicated time, depending on the geographical area or the service chosen, provided that the products are in Stock and with the quality that we guarantee in all our items. The shipping cost varies depending on the transport service chosen and the destination location and can be consulted at any time during the purchase process. Orders received on Saturdays, Sundays and holidays will be considered received on the first working day after it.
If the Products are not in stock, that circumstance will be displayed on the Website and the Customer will not be able to place their order until the Products are in stock and available for shipping. If PIBUCOSMETIC.COM detects, once the Customer’s order is received, that a Product is out of stock, PIBUCOSMETIC.COM will notify the Customer and will return the payment made by the customer if he decides not to wait for the replacement.
The delivery schedule and the corresponding costs will depend on the availability of the Product, the shipping methods and the courier in question.
The risk of loss or damage to the merchandise is transmitted to the customer from the moment the delivery takes place at the customer’s home.
PIBUCOSMETIC.COM is NOT responsible under any circumstances for the damages caused by the misuse of the goods.
WARRANTIES AND DEFECTIVE PRODUCTS
All products marketed by PIBUCOSMETIC.COM comply with the Consolidated Text of the General Law for the Defense of Consumers and Users RDL 1/2007, of November 16; for all issues not provided for in said regulations, to the specific provisions of the Spanish Civil Code that are applicable to these issues.
If the product is not compliant, the Customer may demand the replacement of the product, unless it is objectively impossible or disproportionate.
The ticket must always be presented for the exercise of the warranty of the products.
For any questions, doubts or incidents related to the products offered by PIBUCOSMETIC.COM, the customer must contact PIBUCOSMETIC.COM. The email must collect the purchase invoice, the defective Product and a description of the defect discovered, in addition to the customer’s personal data. Once the email is sent, the Customer will receive by email a written response and a summary with the information necessary to execute the warranty. This is the only way to obtain the replacement, repair or reimbursement of defective Products.
The defective Product will be returned to PIBUCOSMETIC.COM in a closed package, at no cost to the customer, sent to the address indicated in the first clause of these conditions of sale. PIBUCOSMETIC.COM reserves the right to verify the reality of the defect. Only after such verification will PIBUCOSMETIC.COM proceed to replace, repair or refund the Product, as appropriate.
It is understood that the products are in accordance with the contract provided that: they conform to the description made by PIBUCOSMETIC.COM and possess the qualities presented in it; they are suitable for consumption and present the usual qualities of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the Customer, the Customer must proceed as indicated in the Returns section. However, some of the products that are marketed on PIBUCOSMETIC.COM, could have non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and that therefore will be part of the individual appearance of the product, and will not be a defect.
RIGHT OF WITHDRAWAL
All purchases made on the Website are governed by the provisions of the TRLGDCU relating to distance contracting. In particular, the Customer has the right to withdraw from the contract for the purchase of Products, without incurring any penalty or charge and without any obligation to communicate the reasons for such withdrawal, within 15 (fifteen) calendar days following the date of delivery of the Product.
The right of withdrawal can be exercised by requesting it in two ways, either by postal mail sent to the social address of PIBUCOSMETIC.COM or by email.
The email must include the purchase invoice, the customer’s contact information, the brand and model of the Product to be returned and, at the Customer’s discretion, a brief description of the reasons for withdrawal. Once the email has been sent, the Customer will receive a response by email from PIBUCOSMETIC.COM.
The Product to be returned must be sent to the postal address of PIBUCOSMETIC.COM, in a closed package and addressed to the address indicated in the first clause of these conditions of sale.
PIBUCOSMETIC.COM will accept without delay the return of any Product, if it is in perfect condition, and complete (packaging, instruction manual) and that the right of withdrawal has been exercised in accordance with the terms and conditions mentioned above and will refund all amounts paid in the shortest possible time within 14 calendar days of receipt of the product at our facilities. In the case of cosmetics, in order to exercise the right of withdrawal, it will be necessary to return the Product in its original packaging still sealed. The Customer will be responsible for the decrease in value that, improper manipulation of the product, causes the product being returned.
The return of any open cosmetic product will not be accepted. All products marketed by PIBUCOSMETIC.COM comply with the provisions of RDL 1/2007, of November 16, consolidated text of the General Law for the Defense of Consumers and Users.
ERROR IN THE SHIPMENT
In the case of an incorrect shipment, PIBUCOSMETIC.COM will take care of the collection of the product (exclusive service of the peninsula and the Balearic Islands) and will proceed to the correct shipment at no cost to the customer once the wrong product has been delivered to our warehouse; as long as the incident is communicated within the first 7 days of the date of purchase, by email.
If for reasons not attributable to PIBUCOSMETIC.COM or the transport agency, the order is refused by the customer, PIBUCOSMETIC.COM reserves the right to claim from the customer the shipping costs corresponding to the standard shipment. The payment of such postage will be made either by charge to the credit card with which the purchase was made, or by any other means subsequently agreed with the customer.
CANCELLATION OF ORDERS
PIBUCOSMETIC.COM reserves the right to cancel orders or certain Products of an order if any of the following circumstances occur:
• Products classified as unavailable or out of the catalog by distributors.
• Products that cannot be delivered by suppliers due to problems outside PIBUCOSMETIC.COM.
• Credit card fraud.
• Incorrect use of discount coupons.
• Fraud against PIBUCOSMETIC.COM.
PIBUCOSMETIC.COM will inform the Customer about the cancellation of any order and will refund all amounts paid for said order within the following 30 calendar days.
APPLICABLE LAW AND JURISDICTION
These conditions of sale and all orders will be governed by Spanish laws. PIBUCOSMETIC.COM is not subscribed to the Consumer arbitration system. The courts of Seville will enjoy exclusive jurisdiction over any controversy that may arise in relation to the validity, interpretation or application of these conditions of sale and any order.