Terms of Service

GENERAL TERMS AND CONDITIONS OF CONTRACT

Introduction

This contractual document shall govern the General Terms and Conditions for the contracting of products (hereinafter, "Conditions") through the website zurecosmetics.es/, owned by JENNIFER JIMENEZ DÍAZ under the brand name ZURE COSMETICS, hereinafter, PROVIDER, whose contact details are also listed in the Legal Notice of this Website. These Conditions shall remain published on the website and available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by JENNIFER JIMENEZ DÍAZ. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders will be applicable. JENNIFER JIMENEZ DÍAZ will archive the electronic document where the purchase is formalized and will make it available to the USER should they request it. Contracts will not be subject to any formality, with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

  • Has read, understands and comprehends what is stated here.
  • Is a person with sufficient capacity to contract.
  • Assumes all the obligations set forth herein.

These conditions shall have an indefinite period of validity and shall apply to all contracts made through the PROVIDER's website. The PROVIDER informs that the business is responsible for and aware of the current legislation of the countries to which it ships products, and reserves the right to unilaterally modify the conditions, without this affecting goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is JENNIFER JIMENEZ DÍAZ, with registered office at C. Juan Dorta Avila, 1 - Local 5 38107 Santa Cruz (Santa Cruz De Tenerife), NIF 42224570C and customer service telephone number 693774311. And on the other hand, the USER, registered on the website using a username and password, over which they have full responsibility for use and custody, and are responsible for the veracity of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sale and purchase established between the PROVIDER and the USER at the moment the latter accepts the corresponding box during the online contracting process. The contractual relationship of sale and purchase implies the delivery, in exchange for a determined and publicly displayed price through the website, of a specific product.

Correction of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify info@zurecosmetic.es so that JENNIFER JIMENEZ DÍAZ can correct them as soon as possible. The USER may keep their data updated by accessing their user account.

Contracting procedure

To access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. To do so, the USER must freely and voluntarily provide the requested personal data, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), concerning the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website. The USER will select a username and password, committing to diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible unauthorized access by a third party, so that the PROVIDER can proceed to immediately block them. Once the user account has been created, it is informed that, in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  • General contracting clauses.
  • Shipping and delivery of orders.
  • Right of withdrawal.
  • Complaints and online dispute resolution.
  • Force majeure.
  • Competence.
  • Generalities of the offer.
  • Price and validity period of the offer.
  • Shipping costs.
  • Payment method, charges and discounts.
  • Purchase process.
  • Severability and suspension or termination of the contract.
  • Guarantees and returns.
  • Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not ship any order until payment has been verified. Goods will generally be shipped by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER. Shipping will be made once the availability of the goods has been confirmed and payment for the order has been verified. The delivery time will be between 2 and 6 business days, depending on the destination city and the chosen payment method. The estimated shipping and delivery date will be provided prior to order confirmation.

Failure to execute the distance contract
In case of inability to execute the contract because the contracted product or service is not available within the foreseen period, the USER will be informed of the unavailability and will be entitled to cancel the order and receive a full refund of the amount paid without any cost, and without any liability for damages attributable to the PROVIDER. In case of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may demand to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of that amount. The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out due to false, inaccurate, or incomplete data provided by the USER. Delivery will be considered made at the moment the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document. The PROVIDER will be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the rectification of said lack of conformity, a price reduction, or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable. The USER shall have the right to suspend payment of any pending part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract. It is the USER's responsibility to check the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document. In the event that the contract does not involve the physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance about the procedure to follow to perform this download.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://zurecosmetics.es//formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase-sale contract if it were a service provision, to exercise the right of withdrawal. If the PROVIDER fails to comply with the duty of information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period (Article 103 of RDL 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws).

The right of withdrawal shall not apply (Art. 103 RDL 1/2007, of November 16) to contracts that refer to:

  • a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by the trader, they will have lost their right of withdrawal.
  • b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the trader cannot control and that may occur during the withdrawal period.
  • c) The supply of goods made to the consumer's and user's specifications or clearly personalized.
  • d) The supply of goods that are liable to deteriorate or expire rapidly.
  • e) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
  • f) The supply of goods which, after delivery, and due to their nature, are inseparably mixed with other items.
  • g) The supply of alcoholic beverages whose price was agreed at the time of concluding the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the trader cannot control.
  • h) Contracts where the consumer or user has specifically requested the trader to visit them to carry out urgent repairs or maintenance; if, on that visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must apply to those additional services or goods.
  • i) The supply of sealed audio or video recordings or sealed computer software that have been unsealed by the consumer and user after delivery.
  • j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
  • k) Contracts concluded at public auctions.
  • l) The supply of accommodation services for purposes other than residential, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.
  • m) The supply of digital content not provided on a tangible medium where the performance has begun with the prior express consent of the consumer and user and with their acknowledgment that they thereby lose their right of withdrawal.

Any return must be communicated to the PROVIDER, requesting a return number through the enabled form, or by email to info@zurecosmetic.es, indicating the corresponding invoice or order number. In the event that the return is not made with the original delivery packaging, the PROVIDER may charge a cost of .....€ to the USER, informing them beforehand through the same communication channel used. Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number on the shipping letter, with shipping costs borne by them, to the address of JENNIFER JIMENEZ DÍAZ, C. Juan Dorta Avila, 1 - Local 5 38107 Santa Cruz (Santa Cruz De Tenerife).

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint the USER deems appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

  • Postal: JENNIFER JIMENEZ DÍAZ, C. Juan Dorta Avila, 1 - Local 5 38107 Santa Cruz (Santa Cruz De Tenerife)
  • Telephone: 693774311
  • Email: info@zurecosmetic.es

Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the force majeure event.

6. JURISDICTION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. If any stipulation of these conditions is considered null, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity, legality and enforceability of any of the remaining conditions. The USER declares to have read, understood and accepted these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood as subject to these Conditions. No modification, alteration or agreement contrary to JENNIFER JIMENEZ DÍAZ's Commercial Proposal or what is stipulated herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case these specific agreements shall prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional and ancillary services to the purchased product. The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some products may vary in real time. Before making the purchase, all budget details can be checked online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase. Prices may change daily until the order is placed. Once the order is placed, prices will remain whether products are available or not. Any payment made to the PROVIDER implies the issuance of an invoice in the name of the registered USER or the company name they have provided at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website's management panel with the user account. If you wish to receive it by email, you must request it through any of the means the PROVIDER makes available to you, informing you that you can revoke this decision at any time. For any information about the order, the USER can contact the PROVIDER's customer service phone 693774311 or via email at info@zurecosmetic.es.

9. SHIPPING COSTS

The prices published in the store do not include shipping or communication costs, nor installation or download, or complementary services, unless expressly agreed in writing otherwise. Shipping costs will be calculated when saving the cart or budget, as they are calculated by the weight of the products and the delivery address. The maximum transport rate (VAT included) applied is as follows:

  • Peninsula up to 2 kg: .......... €
  • Peninsula > 2 kg up to 10 kg: .......... €
  • Peninsula > 10 kg: .......... €
  • Outside peninsula up to 2 kg: .......... €
  • Outside peninsula > 2 kg up to 10 kg: .......... €
  • Outside peninsula > 10 kg: .......... €

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for financial transactions and offers the following payment methods for an order:

  • Credit card
  • PayPal

The USER may use a discount coupon prior to completing the purchase if they have received one from the PROVIDER.

Security measures
The website uses generally accepted information security techniques in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls. The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them. The sale or offer of a product or service that does not comply with all applicable laws for the Buyer, Issuing Bank, Merchant, or cardholder(s) is prohibited under the card brand programs.

11. PURCHASE PROCESS

Any product from our catalog can be added to the cart. In the cart, only the items, quantity, price, and total amount will be displayed. Once the cart is saved, charges and discounts will be calculated based on the payment and shipping data entered. Carts have no administrative binding; they are merely a section where a budget can be simulated without any commitment from either party. From the cart, an order can be placed by following the steps below for proper formalization:

  • Verification of billing data.
  • Verification of shipping address.
  • Selection of payment method.
  • Place the order (purchase).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order placement.

Orders (purchase requests)
Prior to order confirmation, information on the order status and approximate shipping and/or delivery date will be provided.

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are deemed illegal, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions. The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services and training, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or applicable policies. When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. WARRANTIES AND RETURNS

The warranty for the products offered will comply with the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Article 114. General principles.
The seller is obliged to deliver products to the consumer and user that are in conformity with the contract, being liable to them for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application.
1. This title applies to contracts for the sale of products and contracts for the supply of products to be produced or manufactured.
2. The provisions of this title shall not apply to products acquired through judicial sale, to water or gas, when not packaged for sale in a delimited volume or specific quantities, and to electricity. Nor shall it apply to second-hand products acquired at administrative auctions that consumers and users can attend personally.

Article 116. Conformity of products with the contract.
1. Unless proven otherwise, products shall be deemed to be in conformity with the contract if they meet all the requirements set forth below, unless, due to the circumstances of the case, any of them are not applicable:

  • a) They conform to the description given by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
  • b) They are fit for the purposes for which products of the same type are ordinarily intended.
  • c) They are fit for any special purpose required by the consumer and user when they have made it known to the seller at the time of concluding the contract, provided that the latter has accepted that the product is fit for such use.
  • d) They show the quality and performance normal in products of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements made by the seller, the producer or their representative on the specific characteristics of the products, particularly in advertising or on labelling. The seller shall not be bound by such public statements if they demonstrate that they were unaware of and could not reasonably have been expected to be aware of the statement in question, that the statement had been corrected at the time of concluding the contract or that the statement could not have influenced the decision to buy the product.

2. The lack of conformity resulting from incorrect installation of the product shall be equated with the lack of conformity of the product when the installation is included in the sales or supply contract regulated in Article 115.1 and has been carried out by the seller or under their responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
3. There shall be no liability for lack of conformity that the consumer and user knew or could not reasonably have been unaware of at the time of concluding the contract or that has its origin in materials supplied by the consumer and user.

Article 117. Incompatibility of actions.
The exercise of the actions contemplated in this title shall be incompatible with the exercise of actions deriving from the guarantee against hidden defects in the sale. In any case, the consumer and user shall have the right, in accordance with civil and commercial legislation, to be compensated for damages arising from the lack of conformity.

Article 118. Seller's liability and consumer's and user's rights.
The consumer and user have the right to repair the product, its replacement, a price reduction or the termination of the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product.
1. If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicates the chosen option to the seller, both parties must abide by it. This decision by the consumer and user is without prejudice to the provisions of the following article for cases in which repair or replacement fails to bring the product into conformity with the contract.
2. A method of redress shall be considered disproportionate if, compared to the other, it imposes unreasonable costs on the seller, taking into account the value the product would have if there were no lack of conformity, the relevance of the lack of conformity, and whether the alternative method of redress could be carried out without major inconvenience for the consumer and user. To determine whether the costs are unreasonable, the expenses corresponding to one form of redress must also be considerably higher than the expenses corresponding to the other form of redress.

Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement shall be subject to the following rules:

  • a) They shall be free of charge for the consumer and user. Such gratuity shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
  • b) They must be carried out within a reasonable period and without major inconvenience for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
  • c) Repair suspends the calculation of the deadlines referred to in Article 123. The suspension period will begin when the consumer and user makes the product available to the seller and will conclude with the delivery of the repaired product to the consumer and user. During the six months following the delivery of the repaired product, the seller will be liable for the lack of conformity that motivated the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially manifested reappear in the product.
  • d) If, once the repair is concluded and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, a price reduction or the termination of the contract under the terms provided in this chapter.
  • e) Replacement suspends the deadlines referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product. Article 123.1, second paragraph, shall apply to the substitute product in any case.
  • f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, a price reduction or the termination of the contract under the terms provided in this chapter.
  • g) The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

Article 121. Price reduction and contract termination.
The price reduction and the termination of the contract shall proceed, at the choice of the consumer and user, when they could not demand repair or replacement and in cases where these had not been carried out within a reasonable period or without major inconvenience for the consumer and user. Termination shall not proceed when the lack of conformity is of minor importance.
NOTE according to art. 108.2: The USER is informed that they will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics or functioning. In no case shall they be liable for the diminished value of the goods if the trader has not informed them of their right of withdrawal in accordance with Article 97.1.i).

Article 122. Criteria for price reduction.
The price reduction shall be proportional to the difference between the value the product would have had at the time of delivery had it been in conformity with the contract and the value the product actually delivered had at the time of said delivery.

Article 123. Time limits.
1. The seller shall be liable for any lack of conformity that becomes apparent within two years from delivery. For second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery. Unless proven otherwise, it shall be presumed that any lack of conformity that becomes apparent within six months after delivery of the product, whether new or second-hand, already existed when the goods were delivered, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is understood to have occurred on the date appearing on the invoice or purchase receipt, or on the corresponding delivery note if the latter is later.
3. The seller is obliged to provide the consumer or user who exercises their right to repair or replacement with documentary justification of the delivery of the product, stating the delivery date and the lack of conformity that gives rise to the exercise of the right. Similarly, together with the repaired or replaced product, the seller will provide the consumer or user with documentary justification of the delivery stating its date and, where applicable, the repair carried out.
4. The action to claim compliance with the provisions of Chapter II of this title shall prescribe three years from the delivery of the product.
5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this period will not entail the loss of the right to the corresponding redress, however, the consumer and user will be responsible for the damages or losses actually caused by the delay in communication. Unless proven otherwise, it will be understood that the consumer and user's communication has taken place within the established period.

Article 124. Action against the producer.
When it is impossible for the consumer and user, or it entails an excessive burden, to address the seller for the lack of conformity of the products with the contract, they may claim directly from the producer in order to obtain the replacement or repair of the product. In general, and without prejudice to the producer's liability ceasing, for the purposes of this title, within the same periods and under the same conditions as those established for the seller, the producer shall be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the regulations that govern them. Whoever has responded to the consumer and user shall have a period of one year to claim against the person responsible for the lack of conformity. This period shall be computed from the moment the redress was completed.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation or where the asset is located if it is real estate.

Thank you.
JENNIFER JIMENEZ DÍAZ
C. Juan Dorta Avila, 1 - Local 5 38107 Santa Cruz (Santa Cruz De Tenerife)