1. General Provisions
These terms and conditions of sale (“GCS”) apply without any limitation or reservation whatsoever to the offer and retailing of cosmetics to Internet users (“Product” or “Products”) through the www.malloparfums.com website (“Website”). To purchase Products on the Website you must (i) be an end consumer, (ii) be at least 18 years of age, or if a minor, be duly authorised by your legal guardian, (iii) register on the Website and (iv) hold a valid credit card (“Buyer”). Before purchasing the Product (“Order”), you declare that the purchase made through the Website is not related to any professional activity and is limited to a strictly personal use. We reserve the right to cancel or reduce the quantity of Products ordered in the event of detecting the Order is fraudulent and it will therefore be considered null and void, without the need for us to make any notification whatsoever in this respect. Placing an Order for Products offered for sale on the Website entails, on your part, full and complete acceptance of these GCS, and the Buyer recognises that they have been duly informed in that respect prior to placing the Order. We reserve the right to modify these GCS at any time. Nonetheless, the GCS applicable to the Order will be those accepted by you at the time of placing the Order. These GCS will be completed with the provisions related to privacy and the cookies policy.
2. Identification of the company
Antonio Lasheras Pérez, (hereinafter, “AL”), the owner of the Malloparfums.com Website, with registered office at calle Cotesias 2, 1, 50001, Zaragoza, Spain and Tax ID 72996137w with email address [email protected]
3. Formalisation of the Contract and Orders
3.1. Product Characteristics
Through the Website, we provide you with detailed information about the Products, as established by current law, thus offering you the option of knowing their composition and characteristics before placing the Order. You can select one or more Products from among the different categories offered on the Website. Nonetheless, we may modify the range of Products offered for sale on the Website at any time. In both the Website and in the Product leaflet we describe the components, recommendations of use and state of conservation, and we decline all responsibility for the incorrect use of the Products and the consequences that could arise due to the improper use or conservation of those Products. Our Products contain a high percentage of natural compounds, and so they are subject to the expiration dates. We make every effort to ensure the Product descriptions are as accurate as possible, but we cannot guarantee that the descriptions, colours or other contents available are exact, updated or faultless. The Products fulfil the current provisions of Spanish law. We decline all responsibility in the event of failing to comply with the legislation of any country - other than Spain - in which the product is delivered. For all queries regarding the Products and their use, or for additional queries, please consult the FAQs or contact us at [email protected]
The retail price of our Products is expressed in euros and is valid at the time of placing the Order. We may modify the price at any time, in which case you will be informed of said modifications before placing the Order. The price does not include shipping costs, which will be billed separately from the price of the purchased Products. Shipping costs are indicated before you register the Order. We may modify the shipping methods at any time, and for this reason we advise you to consult the GCS posted on the Website from time to time. The prices will include Value-Added Tax (VAT) applicable on the date of the Order. Any modification in the VAT rate will automatically be included in the price of the Products which are posted on the Website.
The Products on the Website will be valid while they continue to be announced on the Website and in all cases, until stocks run out. If any Product is not in stock in our warehouses, the validity of the offers presented will be subject to Product availability. When you place the Order, we will provide you with information existing at that time in relation to its availability. In all cases, in the event that a Product is fully or partially unavailable after placing the Order, you will immediately receive an email informing you that the Product is not available, and cancelling the Order in full or in part.
Placing an Order entails accepting these GCS and the documents related to privacy and cookies. Before confirming your Order, you will have the option of checking the Order details and correcting any mistake. Once the Order has been confirmed, we will consider that you have accepted the content and conditions of the Order in question and, in particular, the present GCS, which constitutes your obligation to pay for the goods. After validating this phase, you will not be able to cancel your Order, as the sale will be deemed firm, except if you exercise your right of withdrawal subject to the conditions set out in these GCS. We will confirm your Order by sending an email to the address you have provided. When the Order has been dispatched you will receive a second email. We advise you to keep both these emails, either by printing them out on paper or in electronic format. You are informed that these two emails will be sent to the email address you provided when you identified yourself during the registration process, before placing the Order. We decline all responsibility in the event of an error in entering your email address, or not receiving the email confirming your Order, in which the sale is deemed firm. Nonetheless, you may exercise your right of withdrawal subject to the conditions set out in these GCS. Once we have collected the Order price, you will receive an email with a copy of your electronic invoice. You may request a printed copy of the invoice by writing an email to [email protected]. We reserve the right to suspend or cancel the execution and/or delivery of an Order, regardless of its nature and phase of execution, in the event of non-payment or partial payment of any amount owed by the Buyer, in the event of incidents related to payment or in the event of fraud related to the use of our Website.
4.1 Means of payment
This Website accepts the following credit cards: Visa, Mastercard, American, Discover Express, among others. These cards must have been issued by a bank or a financial institution based in the European Union. You must at all times have the legally established authorisations to make use of the means of payment selected to pay for the Order. Credit card holders are subject to validation and authorisation checks by the card issuer. If the issuer of your card rejects or, for any reason, fails to authorise payment in our favour, whether before or after a payment, we will not be responsible for any delay in delivery or failure to make the delivery.
4.2 Payment methods
All Orders will be paid for in euros, including taxes and other charges that might be incurred. Bank charges, if any, must be paid by you (including those incurred in refunds). In the event of failure to pay for the Products or if we receive notification of a rejected bank payment, we may impose a penalty equivalent to the legal interest rate, in all cases in accordance with current legislation.
4.3 Security in payment transactions
You must use the visual cryptogram (CVV) shown on the back of the card you use to pay for the Order, to guarantee the security of the payments made with your credit card. The information related to your Order may be communicated to legally authorised or designated third parties, for the sole purpose of checking your identity as the buyer, the validity of the Order, the means of payment used and the scheduled delivery. In any event, we reserve the right to request a photocopy of your ID and/or any other data in relation to your identity as the Buyer. You may exercise your right to access, rectify and cancel any personal information that we process concerning you at "my profile".
5. Delivery and reception
5.1 General provisions
As set out in these GCS, Orders will be delivered to the address you have provided to us as the Order delivery address. In all cases, we reserve the right to make shipments to regions in which, pursuant to law, it is not permitted to transport or supply all or part of the Products sold on the Website. Orders will be only processed and sent on business days and so orders placed on public holidays or at weekends will be processed on the next business day.
5.2 Delivery methods
The recipient of the Order will receive the Products from the transport company delegated and authorized by Universal TLCo. The acknowledgement of receipt will serve as proof that the order was delivered by us. If the recipient of the Order is absent from the address given us at the time of delivery, the transport company will again try to deliver the package on the next business day. If, after a second attempt to deliver the goods, the recipient is absent from the address provided during the purchase process, they will receive a notice informing them that their order is available for them to collect it within the next 15 days at the address indicated by the transport company. If the second attempt is unsuccessful, the Order will be returned and the funds reimbursed by any means of payment, at our election, after first deducting return costs. No claims will be admitted in relation to the delivery if the package is recorded as delivered, and the notification made by the transport company will be considered sufficient proof of this.
5.3 Anomalies, damages, damaged packages
5.3.1 General provisions
We advise you to check the exterior of the package and the Products at the time of delivery. In the event of any irregularity related to the package or to the requested Products, you should follow the applicable procedure related to the state of the Order. You may also send an email to [email protected] to find out how to return the damaged Product. You must follow the procedure for returning the Product, otherwise you will not be able to ask for a refund or replace the Products.
5.3.2 Procedure in the event of a damaged package
(i) In the event of an incident reported in the presence of the carrier from the transport company:
- Reject the delivery and report the incident, clearly and in detail. - Give the reason for rejecting the delivery by sending an email to [email protected]
(ii) In the event of incidents when the carrier from the transport company is not present:
- Submit the return form. - Report the anomaly by sending an email to [email protected] - You have a term of 3 business days within which to report the incidents and file a complaint, which you must do as soon as possible.
5.3.3 Procedures in the event of missing or damaged products
You should report the absence or damage of the product by sending an email to [email protected]. You may ask to the email [email protected] any datum regarding your identity as the Buyer or, as applicable, the recipient of the Order and perform all the necessary checks, depending on the case.
5.4 Delivery terms
The delivery terms commence on the date when the email was sent confirming the Order.
The refund will be processed by the same means used to pay for the Order, within the shortest possible time and in all cases, no later than thirty (30) days after the date on which you exercised your right to have the Order cancelled.
In any event, if the Order is not returned in full or if no failure has been demonstrated on our part or on the part of the carrier, you may not request a refund of the amounts paid or a new delivery of the requested Products unless you can prove that you were not responsible for the delay.
6. Right of withdrawal and terms
6.1. Right of legal withdrawal and term
Pursuant to current law, you have the right to withdraw from the Order without the need to justify your decision and with no penalty being imposed, during a period of fifteen (15) calendar days after the date on which the Order was received by you or by a third party. In the case of gift cards purchased on the Website, you have a term of fifteen (15) days from confirming the Order within which to exercise your right of withdrawal, except if you have made use of the gift card in full or in part prior to the expiration of that term. Otherwise you will not have any right of withdrawal or reimbursement whatsoever.
6.2. Procedure for exercising withdrawal
In the cases set out in section 6.1., you must use the following procedure to exercise your right of withdrawal:
- You must report your decision to withdraw by sending an email to [email protected], and attaching the completed withdrawal form. This form can be accessed through the following link […]. - If the Product was not sent within fifteen (15) calendar days of sending the notification in the conditions set out in the preceding paragraph, we will reimburse the amount paid using the same means you used to make the payment. - If the Product was sent, you should send it to the address set out in Article 2 of these GCS, within the next fifteen (15) calendar days of its receipt. Once the Product has been received and a check has been made to verify it is in perfect condition, we will reimburse the amount paid within the next 15 days after the notification of your withdrawal, provided we have received the goods within that term from the client. - The refund will be made using the same means of payment you used to pay for the Order.
6.3. Products excluded from the right of legal withdrawal
According to current law, you may not exercise your legal right of withdrawal in the case of Orders containing Products in which the seal was removed after delivery and cannot be returned for reasons of hygiene or protection of health, the subsequent sale of which could entail risks to consumers. We hereby inform you that you may not use your legal right of withdrawal with respect to items from which the seals have been removed, the subsequent sale of which could entail risks for reasons of hygiene or protection of the health of consumers. In the case of returning the Products, we recommend you take care to pack them so that they are adequately protected and the original packaging is not affected by faulty preparation. In the event that the packaging or the Product is returned damaged or in poor condition, we will not accept the returned Product.
6.4. Consequences of exercising your legal right of withdrawal
If the Products are considered eligible for inclusion in the legal right of withdrawal and you exercise that right subject to the conditions set out in these GCS and in accordance with the law, following the indicated procedure, you are entitled to receive a refund of the price paid for the returned Products. In the event that you cannot prove that you ensured the Product was deposited with the transport company, you will be responsible for the risks related to its return and so we advise you to keep the documentation accrediting the shipment.
Pursuant to current law, expenses incurred in returning the products will be paid by you, as the Buyer. No cash on delivery returns will be accepted. We will only pay the shipping costs in the event of an error in the Order on our part, or because the goods arrived damaged or in poor condition.
7.1. Legal warranties
All the Products sold on the Website are covered by a legal warranty, in accordance with current law and by a warranty that covers hidden defects. This means you can return at no cost faulty or non-compliant Products that were delivered. Pursuant to current law, we are obliged to deliver Products that comply with the conditions set out herein and respond for any lack of conformity existing at the time of delivering the Product. Likewise, we are obliged to grant the warranty to cover hidden defects in the marketed item, if such defects mean that it cannot be used for the purpose for which it was intended.
7.2. Exclusion of warranties
The warranty does not cover apparent defects. The warranty does not apply to Products that were damaged during transport or as a consequence of improper use.
7.3. Legal warranty claims
For claims related to legal warranties, please contact the email [email protected]. The present provisions do not exclude the right of withdrawal provided for in Article 6 above.
7.4 Consequences of executing the warranties
Within the legal warranty framework, in the event that such warranties must be exercised, we undertake to:
- replace the product with another identical product, depending on items in stock, or - refund the price of the Product if it is impossible to replace that Product. Within the context of the legal warranty for hidden defects, after assessing the hidden defect, we undertake to:
- refund the total price of the returned Product, or - refund part of the price of the Product if the Buyer decides to keep it.
8. Intellectual property
The Mallo trademark and all signs, whether figurative or not, and all illustrations, images, logos and any content present on the Website will continue to be the exclusive property of AL or the holder of the respective intellectual property rights.
It is forbidden to copy, modify or use, in full or in part, such trademarks, illustrations, images and logos or any other content of the Website, whatever the reason, and regardless of the medium used, without our express, written consent or that of the holders of the respective intellectual property rights.
To ensure your online transactions remain safe, we recommend that you do not give anyone your email address and/or password, and that you change that password regularly.
We decline all responsibility for the disclosure of your data to any person using your email address and/or password. In this regard, using your email address and/or password is proof of your identity and your obligation to pay at the time of validating the Order for the respective amounts.
Under no circumstances will we be held responsible for the fraudulent use of such data. Notification of the credit card number and final validation of the Order serves as evidence of acceptance of that Order and of your obligation to pay the amounts agreed to reserve the Products included in the Order. The computer records on file in our information systems and those of our collaborators will be considered proof of the notifications, Orders and payments made between the Parties.
10. Customer Service
For any further information or query related to the status of an order or a return, or any claim in relation to an Order, please send an email to [email protected].
Before placing your Order you must have full legal capacity to be bound by virtue of these GCS. Consequently, in the event that any person without the necessary legal capacity should place an order for items on the Website, the parties legally responsible for that person (and in particular, parents or guardians) will assume full responsibility for that Order, and will therefore be obliged to pay the price thereof.
We will not be obliged to fulfil the obligations set out in the present GCS in the event that the breach of such obligations is attributable to actions of third parties, even if such actions are unforeseeable, to negligence on your part or to a force majeure event, as this is defined in the applicable jurisdiction, or to any other circumstance that is reasonably outside our exclusive control.
In any event, we decline all responsibility for direct and/or indirect damages caused as a result of using the Website. Our responsibility will, in all cases, be limited to the amount of the Order you have paid for, in the event that such responsibility is attributable exclusively to the execution of the Order.
12. Protection of personal data
We collect your personal data and, when applicable, the data of the recipient of the Order. We hereby inform you that such data will be included in a computer file for which we are responsible and which has been duly filed with the Spanish Data Protection Agency. The purposes, recipients and conditions based on which we compile and process such personal data, and your rights as a Buyer, or those of the recipient of the Order are set out in the document […].
14. Miscellaneous considerations
14.1 Partial invalidity
In the event that one or more of the clauses of these GCS were to be considered void or declared invalid by the application of any law, regulation or the result of a final decision by a competent authority, the other clauses shall conserve their full validity and scope.
14.2 Waiver exclusion
If one Party should not exercise the rights open to them in the case of breach by the other Party of any obligation imposed by these GCS, this shall not be interpreted as a waiver in case of future breaches of said obligation.
14.3 Applicable law and competent jurisdiction
Without prejudice to the application of the principles that regulate conflicts between laws, this contract is formalised in Spanish, and the sales of our products are subject to Spanish law, on a non-exclusive basis, regardless of your country of residence, as the Buyer, and the venue in which the Order is placed.
Litigations related to the existence, interpretation, execution or breach of this contract, even in the case of a plurality of defendants, will, in the absence of an amicable solution and without prejudice to the applicable jurisdiction, be submitted to the courts of the city of Barcelona pursuant to the provisions established in current law.
These GCS shall remain in force for as long as the products offered on our Website remain online. In any event, the provisions of Article 11 “Responsibility” will continue to remain in force after the expiration of the GCS.
Your personal data are handled with the utmost care and are not used for any purpose other than providing you with the best service possible. Collected data will be used exclusively to send you information about special offers and other marketing activities related to the brand Mallo. If you wish to unsubscribe from our newsletter, you can send us a short message to that affect, indicating your email address, at [email protected]
Your personal data will not be shared in any way with third-parties. However, for security reasons, we cannot delete the data collected from our customers, even under request of our customers; all collected data must remain in our possession and we may be required to show the digital traces left by our customers to the competent authorities. All personal and sensitive data are processed in full compliance with the European General Data Protection Regulation (GDPR UE nr. 2016/679).