TERMS AND CONDITIONS OF SALES
1. GENERAL CONDITIONS
1.1. The following terms and conditions of sales ("Terms and Conditions of Sales") apply to the offer and sale of products through our website www.miriamquevedo.com ("Website").
1.2. In order to buy products on the Website, customers must:
a) be at least 18 years old
b) be consumers, understanding as such natural persons who act for purposes other than their industry, trade, business and profession
c) register on the Website
d) have a valid credit card
1.3. This contract will be formalized in English and will be regulated by Spanish legislation, including the Real Decreto 1/2007 of November 16th which approves the revised text of the Ley General para la Defensa de los Consumidores y Usuarios (“Consumer Law”) and the Ley 34/2002, of July 11th, of Servicios de la Sociedad de la Información y de Comercio Electrónico (“LSSI”).
2. IDENTIFICATION OF THE SELLER
2.1. The seller is Miriam Quevedo SL., a Spanish company, with registered office at Calle Holanda nº 44, 08520 Les Franqueses del Vallés, Barcelona, Spain.
3. PRODUCTS
3.1. Information about the Products is available on the Website, which is provided in accordance with articles 60, 63 and 97 of the Consumer Law and articles 27 and 28 of the LSSI.
3.2. We will take all reasonable precautions to ensure that all product details, descriptions and images appearing on the Website are correct at the time the relevant information is entered into the system; however, to the extent permitted by applicable law, we do not guarantee that such product details, descriptions, and images are accurate, complete, reliable, current, or error-free.
3.3. The products described on the Website and the samples that, where appropriate, we provide to the client are exclusively for personal use. Customers may not sell or resell such products or samples. We reserve the right, with or without notice, to cancel or reduce the number of products or samples to be delivered to the customer when, in our sole discretion, it constitutes a breach of these Terms and Conditions of Sales.
4. PRICES
4.1. All the prices indicated for the products that are available through the Website include VAT at current rates and are denominated in euros (€). Shipping costs will be added to the price of the products and are indicated separately in the order form. For more information, also visit the "Shipping Policy" section of the Website. As a result of Brexit, there are changes to consumer rights and all orders shipped to UK will now face additional charges (import VAT at 20%) requested direclty by the transportation company in order to deliver the parcel.
4.2. We regularly check the correctness of all the prices shown on the Website, however, to the extent permitted by applicable law, we cannot guarantee the absence of errors. In the event of an obvious error in the price of a product, we will provide the customer with the opportunity to purchase the product at the correct price or to cancel the order.
5. PLACING ORDERS
5.1. To place an order, the customer must follow a series of simple instructions that appear on the Website.
5.2 Our order processing system allows us to review and solve errors before confirming the order. Please take the time to read and review your order on each page during the registration process. In particular, check the quantities, sizes and weight of each Product in your order.
5.3 By clicking on "I have read and accept the terms and conditions of sales" and continue with the order process by clicking on "next", you are agreeing to buy and pay for the Products of your order. This is an offer for you to enter into a contract with us to purchase the Products of your order. The contract is subject to these Terms and Conditions of Sales. By placing an order, you confirm that you accept these Terms and Conditions of Sales.
5.4. The customer must click on "Add to cart" to place the selected product and the desired quantity in the shopping cart. The customer will be able to check at any moment of the purchase process the products that are included in the shopping cart by clicking on "Cart" on each page. The customer can save a product in favorites by clicking on "add to favorites" (= heart icon) under the product name, after which the product will be in the customer's favorites section in "My account". To access a client's favorites from any computer, the client must register or access with their account.
5.5. The client must follow the instructions that appear on the screen to execute the process of his Order. The client can always correct any error in the data entered, change the content of the shopping cart by including or removing one or more products from the cart or cancel the entire order during the "Order" process before formalizing the order. By formalizing an order, the customer acknowledges and declares to have read all the instructions issued during the verification process and fully accepts these Terms and Conditions. The client formalizes an order for products through the Website by clicking on the "Accept" button at the end of the order process.
5.6. Once the order has been sent, an "AUTHORIZED OPERATION" page will appear with a tracking code and shortly the customer will receive an email confirming receipt of the order. In accordance with the provisions of article 63 of the Consumer Law and article 28 of the LSSI, the order confirmation email contains a summary of the Terms and Conditions, information on the essential characteristics of the products purchased, an indication detailed price and payment method, information on shipping costs, information on the conditions and methods to exercise the right of withdrawal, the address for sending complaints and information on support services and on existing commercial guarantees.
5.4. The customer must click on "Add to cart" to place the selected product and the desired quantity in the shopping cart. The customer will be able to check at any time of the purchase process the products that are included in the shopping cart by clicking on "Cart" on each page. The customer can save a product in favorites by clicking on "add to favorites" (= heart icon) under the product name, after which the product will be in the customer's favorites section in "My account". To access a client's favorites from any computer, the client must register or access with their account.
5.5. The client must follow the instructions that appear on the screen to execute the process of his Order. The client can always correct any error in the data entered, change the content of the shopping cart by including or removing one or more products from the cart or cancel the entire order during the "Order" process before formalizing the order. By formalizing an order, the customer acknowledges and declares to have read all the instructions issued during the verification process and fully accepts these Terms and Conditions. The client formalizes an order for products through the Website by clicking on the "Accept" button at the end of the order process.
5.7. If the confirmation of an order does not arrive within 24 hours after its formalization, the client can contact us for assistance at +34 93 844 39 94 or [email protected].
5.8. In the event that customers have any questions or concerns when placing an order or if they have any queries about a previous order, they can contact us by email [email protected] or by phone or consult "Order History ". For faster service, customers are invited to have their order number available.
6. PROMOTION CODES
6.1. To redeem a promotion code, the customer must enter their code in the “promotion code” box during the verification process on the website. Promotion codes are case sensitive and must always be entered exactly as they appear.
6.2. When a promotion code is accepted, the promotion will be displayed in "Order Review".
6.3. One promotion code can be used per order.
7. PAYMENT OPTIONS
7.1. The customer can pay for the products by credit card. The following credit cards are accepted for this purpose:
- Visa
- MasterCard
7.2. For client security, the client's name and billing address must match the credit card used to make the payment. We reserve the right to cancel any order that does not meet these criteria.
7.3. By placing an order with us through our website, you authorize us to perform a credit and fraud check on you regarding the payment method you are providing to us. These checks may be necessary, among other things, to verify your identity, to validate your credit card and / or to authorize individual purchases. You authorize us to disclose information provided by you, including personal information to third parties, such as banks and credit reporting providers for the purposes of these checks, and agree that such persons may keep a record of that information. You also agree that we may make the information we receive from these controls available to third parties, including fraud prevention agencies such as credit bureaus. We reserve the right to initiate additional payment security systems from time to time.
7.4. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of the customer's payment card denies, or for any reason does not authorize, the payment in our favor, either before or after a payment, we will not be responsible for any delay or non-delivery and the order will be automatically canceled, you will be notified during the order process.
8. CONSULTATION ON ORDERS
8.1. Products are generally shipped within several days of receiving an order. For information on a shipment, the customer must contact us at [email protected] or by consulting the Order History.
8.2. With an account on our Website, customers can check the status of their most recent orders by visiting the "Order History" page in the "My Account" section. This is the easiest and fastest way to get the most up-to-date information regarding orders.
8.3. When the customer clicks on the "Order Status" page, they will be asked to access with their email address and password. On the order summary page, the customer will be informed in detail about their current and previous orders. Once the order is shipped, the corresponding tracking number will be displayed, if available. Customers can track the delivery of the order through our transport company that will provide an email informing them about the status of their shipment. Some transport companies may not have tracking information available until 24 hours after the order has been sent.
8.4. Occasionally, our system cancels orders or parts of an order for various reasons. The customer will not be charged for canceled orders. Some of these reasons are:
· Items not available
· Inability to process payment information
· Impossibility of delivering to the address provided
· Formulation of an order in duplicate
· Cancellation at the request of a client
9. DELIVERIES
9.1 The delivery will be finalized when we deliver the products to the address that you provided us, so please make sure the provided details are accurate as we cannot be responsible for late or failed deliveries as a result of your error:
a) It is very important that you provide a delivery address where we can find a person to deliver your order, in the morning or in the afternoon.
b) It is necessary to provide a contact telephone number.
c) We will need a person's name and their identification card number.
9.2. Orders are processed and delivered exclusively on business days (Monday to Friday, excluding holidays). Orders placed on Saturday and Sunday will be processed the next business day.
9.3. Your Order will be fulfilled on the estimated delivery date stated in the shipping confirmation, unless there is an event beyond our control (please see section 12 for more information about these events). If we are unable to meet the estimated delivery date due to an event beyond our control, we will contact you to provide you with a revised estimated delivery date.
9.4. Despite our efforts and collaborating transportation companies, certain setbacks may occur during the delivery of your order.
9.5. In order to guarantee you a quality service, we adopt all the necessary measures to identify the reasons that can cause these situations. Remember that all packages that leave our facilities are in perfect condition, equipped with visible guarantee tapes and must be intact at the time of receipt.
9.6. If at the time of receipt of the order it is found that the packaging is damaged (box damaged or with visible signs of having been opened) said order should be rejected. In case of rejecting your package, please ask us to contact us through Contact or [email protected] as soon as possible and with photos.
9.7. In the event that the package has been considered "Accepted" at the time of receipt by the recipient or authorized person, but there is hidden damage, you will have a time limit of 48 hours to notify us of this situation. Please contact our customer service team using the form on the Contact page of our website or [email protected] within this time period.
If you know in advance that you will be absent on the day of delivery, please notify these details to the authorized person in charge of picking up the package.
9.8. If you place an order for products from our Website to be delivered to one of the international delivery destinations, the Order may be subject to import duties and taxes, which apply when the delivery reaches its destination. Please note that we have no control over these charges and cannot predict their amount. You will be responsible for the payment of any type of import duties and taxes. Please contact your local customs office for more information before placing your order with these international destinations.
9.9. You must comply with all applicable laws and regulations in the country for which the products are intended. We will not be responsible if any of your laws or regulations are broken.
9.10. We cannot process orders with a delivery address in a post office box.
9.11. Shipping costs will be paid by the customer and are indicated separately on the order form and on the delivery note. Shipping charges will not be charged for purchases greater than the amount shown on the Website.
10. RIGHT OF WITHDRAWAL
10.1. We are committed to offering customers the best cosmetic products available. If the client considers that the products he has received do not meet this expectation, pursuant to article 71 of the Consumer Law, he will have the right to withdraw from the contract, without giving any reason, within seven (7) business days from the date of receipt of products.
10.2. The customer may notify his intention to exercise the right of withdrawal by sending an email to [email protected] with the details of the relevant order, including the customer's order number and the description of the products to be returned. Inside the order packaging, the customer will find a shipping note with order details and details about our procedure of return. If the products related in the shipping note do not coincide with those delivered, the customer must notify us immediately by calling the phone +34 93 844 39 94 or by email at [email protected].
10.3. Our Customer Service department will then issue the customer an authorization number and an email confirmation. The client is invited to save his authorization number for future consultations with the Customer Service department in this regard.
10.4. In the event that the client returns products for reasons other than that they are defective or that their delivery has been incomplete or incorrect, he must arrange and pay for the return of the same.
10.5. In case of exercising the right of withdrawal, we promise to refund the customer the full price of the products within thirty (30) days after the date the withdrawal is received, provided they are returned unused and undamaged, having been maintained and handled with due care and attention, within seven (7) business days of delivery. Refunds will only be made against the credit card that was originally used. Once the refund has been made, we will notify the customer by email.
10.6. It is highly recommended to send the package using a certified delivery service (which requires a signature at the time of delivery). We cannot answer for returned products that are lost during transit.
10.7. The above provisions only apply to purchases made on our Website. Products purchased at an establishment will be subject to the corresponding return policy of each establishment. Returns or exchanges of purchases made in an establishment of sale to the associated public may not be returned or exchanged through Miriam Quevedo Website. Purchases made on the Website will not be accepted for return or exchange at an establishment.
11. ABSENCE OF CONFORMITY
In the event of non-conformity of the products with the contract pursuant to the provisions of article 116 of the Consumer Law, the guarantees established in articles 118 to 122 of the same law shall apply. The customer has the right to have the products repaired or replaced, free of charge, so that they are in accordance with the contract, failing which the customer has the right to an adequate reduction in the price of the products or to cancel the contract. The client waives the rights described above in the event that he does not notify us of the lack of conformity within two (2) months from the date on which he detected it. We will respond to the lack of conformity when it becomes apparent within two years of the delivery of the products. In any case, the actions initiated in relation to a lack of conformity that we have not maliciously concealed will automatically expire thirty-six (36) months after the delivery of the products.
12. PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy (available here). Please take the time to read our Privacy Policy, as it includes important information and the conditions that apply to it.
13. EVENTS OUT OF CONTROL
13.1. In exceptional circumstances, events beyond our control may delay or prevent the performance of our obligations under the Contract. If these events occur, we will try to carry out our obligations to you as soon as possible. We cannot, however, accept responsibility for any loss caused to you as a result of any delay or failure by us to carry out our obligations as long as the delay or failure is due to an event that is beyond our reasonable control.
13.2. If an event is beyond our reasonable control, it occurs that affects the performance of our obligations under the Contract, we will contact you as soon as reasonably possible to notify you. Our obligations under the Contract will be suspended and the period for the fulfillment of our obligations will remain for the duration of the event beyond our reasonable control. When the event beyond our reasonable control affects the delivery of the products to you, we will arrange a new delivery date with you after the event beyond our reasonable control is over.
14. CHANGES TO THESE TERMS AND CONDITIONS
14.1. We may make changes to these Terms and Conditions of Sales as necessary (if, for example, we have made changes to the way we accept your payment, or if there is a change in the law that means we have to change these Terms and Conditions of Sales).
14.2. Every time you order products from us, the Terms and Conditions of Sales in force at that time will apply to the contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please review the Terms and Conditions on our website each time you place an order for products to ensure that you understand the terms and conditions that apply at the time.
15. OTHER DATA OF INTEREST
15.1. We may transfer our rights and obligations under the Contract to another organization, but this will not affect your rights or obligations under these Terms and Conditions of Sales.
15.2. The contract is between you and us. No other person shall have any right to enforce any of its terms.
15.3. Each of the sections of these Terms and Conditions of Sales operates separately. If a court or the competent authority decides that any of them is illegal or not enforceable, the remaining sections will remain in full force and effect.
15.4. If we are unable to insist that you carry out any of your obligations under these Terms and Conditions, or if we do not assert our rights against you, or if we delay you in doing so, that does not mean that we have waived our rights in against you and does not mean that you do not have to fulfill those obligations. If we do waive a breach for you, only do so in writing, and we will not say that we will automatically waive any subsequent breach by you.
15.5. These Terms and Conditions of Sales constitute the entire agreement between you and us, and supersede all subsequent previous agreements.
16. APPLICABLE LAW AND JURISDICTION
16.1. These Terms and Conditions of Sales are regulated by Spanish law and must be interpreted in accordance with Spanish law. This means that the contract for the purchase of Products through our Website, and any dispute or claim arising from or in connection with it, will be governed by Spanish Law.
16.2. You and us both agree that the conflicts that, where appropriate, are caused by the interpretation, validity and / or execution of these Terms and Conditions will be submitted to the jurisdiction of the Courts of Barcelona, Spain.
17. CONTACTS
For any information and support in relation to products and modalities of purchase through the Website, the client can contact us by email at [email protected], by phone at +34 93 844 39 94 or by mail postal to the following address:
Miriam Quevedo
c / Holanda nº 44
08520 LES FRANQUESES DEL VALLÉS,
BARCELONA, SPAIN
18. COPYRIGHT
All trademarks, registered or not, service marks and trade names (collectively the “Marks”) are the property of MIRIAM QUEVEDO, or the property of other owners who have granted MIRIAM QUEVEDO the right to use such Marks.
The entire content of the MIRIAM QUEVEDO web site, including but not limited to texts, designs, graphics, interfaces, or code and the selection and arrangement thereof (the “Content”), are the property of MIRIAM QUEVEDO or the property of other owners who have granted MIRIAM QUEVEDO the right to use such Content. In accordance with laws governing literary and artistic property rights or other similar rights, the reproduction, copy, publication, retransmission, communication or use in anyway of the Content is strictly forbidden without the prior written consent by MIRIAM QUEVEDO.
All trademarks, registered or not, service marks and trade names (collectively the “Marks”) are the property of MIRIAM QUEVEDO, or the property of other owners who have granted MIRIAM QUEVEDO the right to use such Marks.
Terms and Conditions of Sales last actualized in May 2020.
Terms and Conditions of Sales last actualized in May 2020.