1. GENERAL DISPOSITION
- 1.1. The following terms and conditions of sale ("Terms and Conditions of Sale") apply to the offer and sale of products through the website https://dsddeluxe.com ("Website").
- 1.2. To be able to buy products on the Website, customers must:
(a) At least 18 years old
(b) Be consumer, understands as such natural persons who act for purposes unrelated to their industry, trade, business, and profession
(c) Register with the website
(d) Have a valid credit card.
- 1.3. This contract will be formalized in Spanish and will be regulated by Spanish legislation, including Royal Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users (“Ley of the Consumer ”) and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (“ LSSI ”).
2. IDENTIFICATION OF SELLER
- 2.1. The seller is DSDPHARM S.L., a Spanish company, with registered office at Calle Holanda nº 44, Polígono Industrial Pla de Llerona, 08520 Les Franqueses del Vallés, BARCELONA, SPAIN.
- 3.1. Information on 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 details, descriptions, and images of products that appear on the Website are correct at the time the pertinent information is entered into the system; however, to the extent permitted by applicable law, we do not warrant that such product details, descriptions, and images are accurate, complete, reliable, up-to-date, or without any error.
- 3.3. The products described on the Website and the samples of the same 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, at our sole discretion, it involves a breach of these Terms and Conditions.
- 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.
- 4.2. We check the correctness of all prices displayed on the Website regularly, 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 the opportunity to purchase the product at the correct price or to cancel the order.
5. ORDER PLACE
- 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 you to review and fix errors before proceeding to confirm the order. Please take the time to read and review your order for 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 general conditions of sale" and continue with the order process by clicking on "next", you are committing to purchase 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 General Conditions of Sale. By placing an order, you confirm that you accept these Terms and Conditions of Sale.
- 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 can check at any time during the purchase process the products that are included in the shopping cart by clicking on "Cart" on each page.
- 5.5. The customer must follow the instructions that appear on the screen to carry out the order process. The customer 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 before ordering" process. By placing an order, the client acknowledges and declares to have read all the instructions given during the verification process and fully accepts these Terms and Conditions. The customer places 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 is sent, you will receive a confirmation email.
6. PROMO CODE
- 6.1. To redeem a promo code, the customer must enter their code in the "promo code" box during the verification process on the website. Promo codes are case-sensitive and must always be entered exactly as they appear.
- 6.2. One promo code can be used per order.
- 6.3. When the system accepts a promotion code, the promotion will be displayed in "Order Review".
7. PAYMENT OPTIONS
- 7.1. Customers can pay by credit card. We accept the following credit cards for this purpose:
- 7.2. For customer security, the customer'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 from us through our website, you authorize us to run a credit and fraud check of you as to the payment method you are providing to us. These controls 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 these checks, and you agree that such persons may keep a record of that information. You also agree that we can make the information we receive from these checks 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 and authorization checks by the card issuer. If the issuer of the client's payment card denies, or for any reason does not authorize, the payment in our favor, either before or after payment, we will not be responsible for any delay or non-delivery and the order will be automatically canceled, which will be notified to you during the ordering process.
8. ORDER INQUIRIES
- 8.2. With an account at the DSD de Luxe 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 quickest and easiest way to get the latest information regarding orders.
- 8.3. When the customer clicks on the Order Status page, they will be asked to log in 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 of the status of their shipment. Some transport companies may not have tracking information available until 24 hours after the order was 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
- Inability to deliver to the address provided
- Formulation of a duplicate order
- Cancellation at the request of a client
- 9.1. The delivery will be finalized when we deliver the products to the address that you provided us, so please make sure that your details that you provide are correct as we cannot be held responsible for late or failed deliveries, as a result of your error:
- ( i ) You must provide a delivery address where we can find a person to deliver your order, in the morning or the afternoon.
- ( ii ) It is necessary to provide a contact telephone number.
- ( iii ) We will need a person's name and identification card number.
- 9.2. Orders are processed and delivered exclusively on business days (Monday through 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 14 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 with a revised estimated delivery date.
- 9.4. Despite our efforts and the collaborating shipping companies, certain setbacks may occur during the delivery of your order.
- 9.5. To guarantee you a quality service, we adopt all the necessary measures to identify the reasons that may originate these situations. Remember that all packages that leave our facilities are in perfect condition, equipped with visible warranty tapes, and must be intact at the time of receipt.
- 9.6. If at the time of receipt of the Order you find that the packaging is damaged (damaged box or with visible signs of having been opened) the order must be rejected.
In case of rejecting your package, we ask that you please notify us through the contact form as soon as possible.
- 9.7. If the package has been considered as "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 within this time frame.
If you know in advance that you will be absent on the day of delivery, please notify the authorized person in charge of collecting the package of these details.
- 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 are applied when the delivery reaches its destination. Please note that we have no control over these charges and we 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 ordering to 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 liable if any of your laws or regulations are broken.
- 9.10. We cannot process orders with a delivery address in a PO box.
- 9.11. Shipping costs will be paid by the customer and are indicated separately on the order form and the delivery note. Shipping costs will not be charged for purchases greater than the amount that we show on the Website.
10. DERECHO DE DESISTIMIENTO
- 10.1. We are committed to offering customers the best cosmetic products available. If the customer considers that the products he has received do not meet this expectation, by article 71 of the Consumer Law, he will have the right to withdraw from the contract, without adducing any cause, within 7 (seven) business days following the date of receipt of the products.
- 10.3 Our Customer Service department will then issue the customer an authorization number and a confirmation by email. The customer is invited to save his authorization number for future consultations with the Customer Service department in this regard.
- 10.4 If the customer returns products for reasons other than that they are defective or that their delivery has been incomplete or incorrect, they must arrange and pay for their return.
- 10.5. If the right of withdrawal is exercised, we undertake to reimburse the customer for the full price of the products within thirty (30) days from the date the withdrawal is received, provided that they are returned unused and undamaged, having been maintained and handled with due care and attention, within 7 business days of delivery. Refunds will only be made against the credit card originally used. Once the refund has been made, we will notify the customer by email.
- 10.6. It is strongly recommended to send the package using a certified delivery service (which requires a signature at the time of delivery). We cannot vouch for returned products that are lost in transit.
- 10.7. The above provisions only apply to purchases made over the Internet. Products purchased in an establishment will be subject to the corresponding return policy of each establishment. Returns or exchanges of purchases made in an associated retail establishment cannot be returned or exchanged through the DSD de Luxe online store. Purchases made online will not be accepted for return or exchange at an establishment.
11. LACK OF CONFORMITY
- 11.1. In case of lack of conformity of the products with the contract in accordance with the provisions of article 116 of the Consumer Law, the guarantees established in articles 118 to 122 of the same law will apply. The customer has the right to have the products repaired or replaced, free of charge, so that they are in compliance with the contract, failing which the customer has the right to an appropriate reduction in the price of the products or to cancel the contract. The client waives the rights described above in the event that he or she does not notify us of the lack of conformity within two months from the date on which it was detected. We will respond to the lack of conformity when it becomes patent within the two years following 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 after thirty-six months from the delivery of the products.
12. USE OUR WEBSITE
13. YOUR PERSONAL INFORMATION
14. EVENTS BEYOND OUR CONTROL
- 14.1. In exceptional circumstances, events beyond our control may delay or prevent us from performing our obligations under the Agreement. 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 perform our obligations provided that the delay or failure is due to an event that is beyond our reasonable control.
- 14.2. If an event is beyond our reasonable control, it occurs that affects the performance of our obligations under the Contract;
- 14.2.1. we will contact you as soon as reasonably possible to notify you.
- 14.2.2. our obligations under the Contract will be suspended and the term for the fulfillment of our obligations will remain for the duration of the event outside of 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 has ended.
15. CHANGES TO THESE TERMS AND CONDITIONS
- 15.1. We may make changes to these Terms and Conditions when necessary (For example, if 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).
- 15.2. Each time you order products from us, the then-current Terms and Conditions 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 of our website each time you place an order for products to ensure that you understand the terms and conditions that apply at the time.
16. OTHER DATA OF INTEREST
- 16.1. We may transfer our rights and obligations under the Agreement to another organization, but this will not affect your rights or your obligations under these Terms and Conditions.
- 16.2. The contract is between you and us. No other person will have any right to enforce any of its terms.
- 16.3. Each of the sections of these Terms and Conditions operates separately. If a court or the competent authority decides that any of them is illegal or unenforceable, the remaining sections will remain in full force and effect.
- 16.4. If we are unable to insist that you carry out any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay 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 meet those obligations. If we do waive a default for you, only do so in writing, and we will not say that we will automatically waive any subsequent default for you.
- 16.5. These Terms and Conditions constitute the entire agreement between you and us and supersede all subsequent prior agreements.
17. APPLICABLE LAW AND JURISDICTION
- 17.1. These Terms and Conditions are regulated by Spanish law and must be interpreted by Spanish law. This means that the contract for the purchase of Products through our Web Site, and any dispute or claim that arises from or in connection with it, will be governed by Spanish Law.
- 17.2. You and we both agree that the conflicts that, where appropriate, cause the interpretation, validity, and/or execution of these Terms and Conditions will be submitted to the jurisdiction of the Courts of Barcelona, Spain.
C/Holanda nº 44
P. I Pla of Llerona
08520 THE FRANCHISES OF THE VALLÉS
**Terms and conditions of use updated in July 2016.