GENERAL CONDITIONS OF SALE
(Updated January 2023)
This contractual document will govern the contracting of products and services through the website www.toxicvanity.com, owned by Toxic Vanity, hereinafter PROVIDER.
Acceptance of this document implies that the USER:
- You've read, you understand and you're agree with this text.
- It is a person with sufficient capacity to contract.
- Assume all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification. .
Identity of the contracting parties
On the one hand, the supplier of the goods or services contracted by the USER is Silvia Gago López, with registered office at Calle Ronda Norte 7, 25B, Ponferrada, NIF 77119842Z and with a customer service telephone number / USER +34648293461.
And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
The USER will select a username and password, agreeing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or of possible access by an unauthorized third party. , so that it proceeds to the immediate blockade.
Once the user account has been created, it is reported that in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- 1. General contracting clauses.
- 2. Intellectual property.
- 3. Face-to-face training.
- 4. Online Academy.
- 5. Shipment of orders.
- 6. Right of withdrawal.
- 7. Claims.
- 8. Force majeure.
- 9. Competition.
- 10. Generalities of the offer.
- 11. Price and term of validity of the offer.
- 12. Transportation costs.
- 13. Form of payment, expenses and discounts.
- 14. Purchase process.
- 15. Applicable warranties.
- 16. Guarantees and returns.
- 17. 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.
Every User who registers to the Website must be at least eighteen (18) years old.
2. INTELLECTUAL PROPERTY
All content on this website, including design, videos, photographs, trademark and source codes are the property of Toxic Vanity and they are protected by Intellectual Property rights, contained in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, and the rest of the rules that regulate Intellectual Property.
These rights belong exclusively to Toxic Vanity and the USER will not be able to make use of them, for which the reproduction, distribution, transformation and public communication is totally prohibited. The USER cannot exploit or commercialize this content, either directly or indirectly.
3. PRESENTIAL TRAININGS
The amount paid will not be refundable under any circumstances. In the case of not attending the training, showing proof of force majeure or notifying within a period of 30 calendar days before the start of it, the option will be given to exchange the amount paid for another single date, city to be chosen within a period 12 months from the reservation date. If the non-attendance is not notified or the notice is made within 30 calendar days after the start of the course, the USER will completely lose the amount paid.
In case of force majeure, Toxic Vanity reserves the right to change the date of the course if on any occasion it cannot be carried out on the established date or the minimum number of students (8 students per day and course) is not reached to carry out the training, in this case reservations are not refundable, they are saved for a future date. In the case of total cancellation and not a postponement of a course by Toxic Vanity (course that would not be carried out, being different from the change of date of a course), the reservations will be returned to each USER who had previously reserved their place and who had not warned that they would not come in advance.
4. ONLINE ACADEMY
The online courses are intended for private use by the USER, the dissemination, reproduction, sale, distribution or commercial use of the same being totally prohibited, being Toxic Vanity the sole owner of the intellectual and industrial property of all the elements that are integrated in said online course platform, the downloading of the videos being totally prohibited (not even for own use), only the downloading of the PDF files of each course and its corresponding certificates. In each course the pertinent information is included, and in the price of each course a final tutorial is included in order to correct the complete work. No particular doubts or individual advice will be answered outside of this nature.
In the case of requesting a refund, the USER will have to do so within 14 calendar days after the date of purchase of the online course and not having viewed any of the video courses, in the event that the USER has enjoyed any of the content , it will not be possible to proceed to reimbursement, neither in full nor in part. The USER will be able to enjoy the course within the six months following the date of its purchase (2 months in courses purchased before January 01, 2022), once the date has passed, access to said course will be restricted and there will be to buy it again if you want to continue accessing it. The time of membership WILL NOT BE EXTENDED under any circumstances when the USER has not taken or completed the course for reasons beyond our academy (personal reasons of the student).
5. DELIVERY OF ORDERS
Shipments are made by Correos Express courier service.
Shipping costs include Value Added Tax (VAT) in all cases, but no other taxes, fees, duties or surcharges.
Shipping is understood to be the delivery of the items at the address or address specified by the Customer during the ordering process, the delivery areas being limited to those listed above.
Toxic Vanity deliver orders to the courier service within a maximum period of 48 hours. We are not responsible for possible delivery delays caused by the courier service.
The PROVIDER will not send any order until it has verified that the payment has been made.
Shipments to Spain and Portugal (Peninsula and Balearic Islands) take between 24/48 hours to reach the Customer as long as they are working days (Monday to Friday), having a cost of € 5 to the Peninsula and € 6 to the Balearic Islands and Portugal ( VAT included). Once the package is delivered to the courier service, the Customer will receive an email with the tracking number of the shipment. We are not responsible for possible delivery delays caused by the courier service.
Toxic Vanity It also makes international shipments, depending on its cost according to the area to be sent, dimensions and weight of the shipment. If you are interested in placing an order from outside Spain, make a mock purchase by entering your postal address so that the website can make an exact calculation of the shipping cost, or send us an email about your query to firstname.lastname@example.org
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made when the carrier has made the products available to the USER and the USER, or the latter's delegate, has signed the delivery receipt document.
It is the responsibility of the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.
In the event that the contracting does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure that must be followed to perform this download.
6 RIGHT OF WITHDRAWAL
The USER has the same rights and terms to proceed to make the return and / or claim the possible vices or defects that the product or service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014 of March 27). Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal may not be applied in the following cases:
1. In course reservations.
2. If the product is not in perfect condition.
3. If the product packaging is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it is prohibited.
4. When the product is open without being able to show that it has not been used.
5. In software applications that are directly downloaded through the portal.
6. When they are personalized products or those, that for reasons of hygiene or other legally foreseen exceptions, are not susceptible to this right. All returns must be communicated to the PROVIDER, for this we only ask that you notify us in writing by sending an email to Toxic Vanity indicating the data necessary to locate the purchase. For our part, the moment we receive your email, we will notify you, by email, of the receipt of it, indicating the process to follow. In this case, you must send us the products in perfect condition, no later than 14 calendar days after receiving the products. In these cases Toxic Vanity will reimburse the customer for all costs of the original purchase. However, the customer will bear the direct cost of returning the products.
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postal: Calle Ronda Norte 7, 25B, 24404 Ponferrada – León
We have a complaint form available to clients which can be requested by writing to email@example.com
Likewise, any doubt, suggestion or comment may be directed to our Customer Service department by email at firstname.lastname@example.org or by phone at 648293461 XNUMX XNUMX
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and / or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
8. FORCE MAJEURE
In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, Toxic Vanity will inform the User by email of the total or partial cancellation of the order. The partial cancellation of the order does not give the right to the cancellation of the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in accordance with the provisions of these Conditions. Toxic Vanity It is not responsible for delays in the delivery of orders, or the impossibility of carrying them out when the cause is due to force majeure, and therefore, beyond our control. Among other causes, we understand that there is force majeure in the following cases, but without limitation: accidents; strikes; riots, threats or terrorist attacks; fire or explosion; meteorological causes or natural disasters such as storm, flood, earthquake, subsidence, epidemic; problems beyond our control in the means of transport or telecommunication systems. As far as possible, once the cause of impossibility or delay has ended, Toxic Vanity will do everything possible to resume its business activities and to be able to fulfill its obligations and shipments.
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 or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these General Conditions in their entirety
10. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Toxic Vanity or here stipulated will take effect, except for an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail. Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
11. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed. The products will be sold at the price indicated, the one that is collected at the time of the confirmation of the order by the customer being valid.
Once the order is placed, the prices will be maintained whether there are products available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name that he has informed at the time of placing the order.
For any information about the order, the USER may contact through the PROVIDER's customer service telephone number: 648293461 or via email to the address email@example.com
12. TRANSPORTATION COSTS
Prices do not include shipping or communication costs, or installation, or complementary services, unless expressly agreed in writing to the contrary.
The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
- National and Peninsular Shipments: € 5,90
FREE SHIPPING COSTS
For purchases over € 100 Toxic Vanity makes free shipping in Spain (Peninsula).
13. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
Payment methods accepted by Toxic Vanity are:
1. PAYPAL / CARD:
The Client will be taken to the PayPal website taking advantage of its secure payment platform. Once the payment process has been completed, you will be redirected back to Toxic Vanity
Once in PayPal you can make the payment with a Paypal account or with a credit card. The PayPal payment service has a fixed commission of 0,35 euro cents + 2,9% of the total purchase value (+ 3% additional in the case of currency exchange).
Paypal can retain an amount as a guarantee or insurance when trying to make a purchase with the card on the PayPal platform (usually a few cents or € 1). This amount will be reimbursed by PayPal in approximately one month. The collection of this amount does not guarantee that the purchase is made.
2. CREDIT / DEBIT CARD:
The Client can pay comfortably with his VISA, Mastercard or American Express card through the Stripe payment gateway.
All operations that involve the transmission of personal or banking data are carried out using a secure environment, a server based on standard security technology. SSL (Secure Socket Layer). All the information transmitted by the USER will travel encrypted through the network. The data on the USER's bank card will not be recorded by TOXIC VANITY. By selecting this type of payment, the USER will be redirected to the Stripe gateway to return to the web TOXIC VANITY, so the payment is made in a secure way, this type of payment being provided by Stripe and subject to the Stripe Connected Accounts Agreement (Stripe Connected Account Agreement), which includes the Stripe Terms of Service, collectively, the “Stripe Service Agreement” (“Stripe Services Agreement").
3. BANK TRANSFER / BIZUM:
You can make the payment by bank transfer or Bizum, when placing the order you will receive an email with the bank details and the telephone number in the case of Bizum to make it. Once we receive the payment we will proceed to prepare the shipment of the order. Orders not paid after 24 hours will be automatically cancelled.
4. GOOGLE PAY AND APPLE PAY
The Stripe platform supports these two payment methods in its payment gateway.
You can split your purchase into 3 payments by paying with Klarna, without paying any commission (0% APR). Payments are automatically charged every 30 days to your credit card. In the event that you request a valid return of any of the items in your order (see section 15), your Klarna invoice will be updated.
All operations that involve the transmission of personal or banking data are carried out using a secure environment, a server based on standard security technology. SSL (Secure Socket Layer). All the information transmitted by the USER will travel encrypted through the network. The data on the USER's bank card will not be recorded by TOXIC VANITY. By selecting this type of payment, the USER will be redirected to the Klarna gateway to return to the website TOXIC VANITY, so the payment is made safely.
Klarna Bank AB (publ) is incorporated under Swedish law and is registered with the Swedish Companies Registration Office under number 556737-0431. Klarna Bank AB (publ) is authorized to provide financial services by the Swedish financial supervisory authority, Finansinspektionen, and is registered with the Bank of Spain to carry out its services in Spain under number 673. For more information about Klarna, go to: https://www.klarna.com/es/
14. PURCHASE PROCESS
To proceed with the purchase of the product, the User, who must be over eighteen (18) years old, must select the product they wish to buy and add it to the Cart. Once the selection of products to be purchased has been completed, the User must click the "Place order" icon. Next, the products selected for purchase will be indicated and the User must select from the options available to send the products to the indicated address and the method of payment thereof. Finally, the user must click on the "Complete the order" icon.
The data provided to Toxic Vanity Through the corresponding form, they are identifying and enabling elements to access and make purchases and are personal and non-transferable.
15. APPLICABLE WARRANTIES
All our products have a two (2) year guarantee in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of the consumers and users and other complementary laws as long as the damage or defect is attributable to us.
Therefore, if the product is defective, it will be Toxic Vanity Whoever is in charge of collecting it and changing it for the correct one, taking charge of the costs associated with this return and exchange (with the exception of those additional costs resulting from choosing an express delivery method, in which case the Customer must assume this extra cost).
In order to manage the incident we need you to notify us by email to Toxic Vanity indicating:
The reason for the incident, the order number (essential to locate the purchase), the delivery note and photos of the damaged or erroneous product so that we can assess the situation. If it is an electronic product where the Client has entered personal data, it is the Client's obligation to return the product without any information, content or personal data that identifies it or can identify it, including third parties. To exercise the right of guarantee, the proof of purchase or delivery note must be available.
Once this information is received, we will contact the Client to explain the steps to follow. You must inform us of the lack of conformity of the product within two (2) months of knowing the defect. In the event that it is not objectively possible to replace the product with another of the same class, Toxic Vanity will proceed to refund the price of the same.
It is important that you know that our warranty does not cover:
a) Negligent or violent use of the product.
b) Damages derived from the manipulation or intervention of the product.
In addition, it is equally important that you follow the possible instructions for use or installation of the products that we provide you at all times, and in case of doubt, you should contact us by email at firstname.lastname@example.org to receive advice on use. of the product.
All products offered through the website are completely original, unless otherwise indicated in their description. They all have a two-year warranty period.
16. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, except that due to the circumstances of the case, any of them is not applicable:
- They conform to the description made by Toxic Vanity
- They are suitable for the uses to which products of the same type are ordinarily intended.
- They are suitable for any special use required by the customer when he has made it known to Toxic Vanity at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
- Present the usual quality and benefits of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Toxic Vanity
- Toxic Vanity describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so that you are not bound by these public statements.
2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been carried out by Toxic Vanity or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. The responsibility for lack of conformity that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in materials supplied by the USER will not proceed.
II) Responsibility of the PROVIDER
Toxic Vanity will respond to the USER for any lack of conformity that exists at the time of delivery of the product. Toxic Vanity recognizes the USER the right to repair the product, to replace it, to lower the price and to terminate the contract.
III) Repair and replacement of products
If the product does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates to Toxic Vanity the option chosen, both parties must abide by. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into compliance with the contract.
Any form of sanitation that imposes on Toxic Vanity costs that, compared to the other form of remediation, are not reasonable, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the alternative form of remediation could be carried out without major inconveniences for the USER.
IV) Rules for the repair or replacement of the product
Repair and replacement will conform to the following rules:
a) They will be free for the USER.
This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out within a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
c) The reparation suspends the calculation of the periods referred to in article VII. The suspension period will start from when the USER makes the product available to Toxic Vanity and will conclude with the delivery to the USER of the product already repaired. During the six months after delivery of the repaired product, Toxic Vanity will be liable for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The replacement suspends the terms referred to in article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII shall apply to the substitute product.
e) If the repair is completed and the product is delivered, it is still not in accordance with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or the price reduction or resolution of the contract in the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand its repair, within the limits established in section 2 of article IV, or the price reduction or the termination of the contract in the terms of articles V and VI.
The USER may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and the termination of the contract will proceed, at the choice of the USER, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconveniences for the USERNAME. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for the price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of delivery.
1. Toxic Vanity Responsible for the lack of conformity that is manifested within a period of two years from delivery. On second-hand products, Toxic Vanity and the USER may agree to a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery already existed when the product was delivered, except when 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 been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
3. The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.
4. The USER must inform Toxic Vanity of the lack of conformity within two months of being aware of it.
Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.
VIII) Action against the producer
When the USER finds it impossible or an excessive burden to go to Toxic Vanity Due to the lack of conformity of the products with the sales contract, you may claim directly from the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for Toxic Vanity, the producer will respond 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 rules that regulate them.
Producer is understood as the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such by indicating his name, brand or other distinctive sign on the product. Whoever has responded to the USER, will have a period of one year to repeat as responsible for the lack of conformity. This period is computed from the moment the sanitation was completed.
17. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit any controversy that may arise from the provision of the products or services object of these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of Ponferrada (Spain).