Welcome to the UMOA CARE S.L. website.
(hereinafter referred to as the "Website") dedicated to the marketing of cosmetic products under the UMOA brand (hereinafter "UMOA" or "We" or "Us").
1) GENERAL INFORMATION
Please read carefully these Sales and Withdrawal Conditions that govern the purchase and return of our products and/or services (hereinafter the "Conditions").
By using this Website or making and/or requesting the purchase of a product and/or service through it, you agree to be bound by these Conditions and all of the above, so if you do not agree with all of this, you should not use this website.
These Conditions have been developed with respect and compliance with the provisions of Spain Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, "LSSI") and the General Data Protection Regulation (hereinafter, "GDPR"), and regulate the purchase or acquisition of products and/or services through the UMOA website, which is made available to you by UMOA CARE S.L.
Likewise, we inform you that these Conditions may undergo modifications, and as a User, you are responsible for consulting them each time you access, browse, and/or use the Website because the current Conditions will apply at the time you request the acquisition of products and/or services.
If you have any questions related to these Conditions or any other legal text published on our Website, you can contact Us through our contact channels.
2) OUR DETAILS
The sale of products through this Website is carried out by UMOA CARE S.L., a Spanish company with registered office at Calle Camino Real de los Neveros 145, 1ºC 18008 Granada, Spain, registered in the Commercial Register of Granada with Document Number 1/2021/8.855,0 Entry 158/207, Volume 1783, Book 0, Folio 29, Section 8, Sheet GR-57310, Registration 1, on December 20, 2021, VAT number B67817320, acting on behalf and for the account of its brand UMOA.
UMOA's activity consists of the online sale of cosmetic products through this Website.
3) PROCESSING OF YOUR PERSONAL DATA
4) PURCHASING PROCESS
4.1) Minimum age;
4.2) Placing an order
4.3) Guest Checkout
4.5) Value Added Tax
In orders destined for the Canary Islands, deliveries will be exempt from VAT by application of the provisions of Spain Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
You expressly authorize us to issue the invoice in electronic format and to send it to you by email to the address you have provided us with; however, you may indicate at any time if you want to receive an invoice on paper, in which case we will issue and send the invoice in that format. You can request it free of charge by contacting us by email at email@example.com or through any of the means at your disposal.
5) AVAILABILITY OF PRODUCTS
All purchase orders we receive through the Website are subject to the availability of products and/or services and to no circumstance or force majeure event (clause 11 of these Conditions) affecting their provision.
If we have difficulties in supplying products or there are no products in stock, we undertake to contact you to inform you and then proceed to cancel your order regarding the products that cannot be supplied and to refund any amount you may have paid for this concept.
The unavailability of the product offered on www.umoacosmetics.com will not entail any kind of damage or compensation (except in case of fraud or gross negligence). As a customer, you will always have the possibility to make a prior inquiry about stock before placing the order using the email address firstname.lastname@example.org.
6) PAYMENT METHODS
Payment is made in the last step in the purchasing process, after entering all card details and clicking "Place Order".
6.1) Payment options
If for any reason you are unable to complete your order or there is an error, please contact us at email@example.com.
By clicking the 'Complete Order' button, you are confirming that the credit card is yours or that you are authorized to use it. However, if our security department suspects any anomalies or fraud, we reserve the right to cancel the transaction for security reasons.
Online payment with a credit/debit card is done through a platform provided by an external financial institution, which will always be hosted on a website under SSL (Secure Socket Layer) security protocol. This protocol encrypts your banking data when it is transmitted over the internet. To verify its authenticity, please confirm that the web address of the payment page starts with https://.
Credit cards will be subject to verification and authorization by the issuing entity. If the payment is not authorized by the issuing entity, we will not be responsible for any delays or non-delivery and we will not be able to formalize any contract with you.
For security policy reasons, we verify all orders paid with a bank card.
6.2) Promotions and Coupons
Before formalizing your order, in case there is more than one option, you must select the delivery method that best suits your needs.
If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
To find out when your order is dispatched, check the shipping confirmation email for your order. You will also receive an SMS from the logistics company indicating the estimated delivery date. If you place your order on a working day before 1pm, you could receive it on the next working day; if not, the deadline will be increased by one more day. On weekends or holidays, shipments will be managed on the next working day.
For the purposes of these Conditions, it shall be understood that "delivery" has occurred or that the order has been "delivered" at the moment when you or a third party indicated by you acquires physical possession of the products, which will be evidenced by signing the receipt of the order at the delivery address you have provided.
7.1) Rates and Delivery Times for Spain
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We work to deliver your order as soon as possible, with deliveries within 48/72 working hours in peninsular Spain. However, periods of launches, promotions or Black Friday campaigns are excluded, during which these deadlines are not guaranteed.
7.2) Rates and Delivery Times to Other Countries (NOT SPAIN)
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8) IMPOSSIBILITY OF DELIVERY
As a user, you agree that you or another designated person will be at the indicated address to receive the UMOA order. In case of absence, the delegation that distributes in your area will try to contact you to arrange a second delivery. If for any reason they have not been able to contact you to arrange delivery, you can write to us at firstname.lastname@example.org so that we can provide you with contact information or help in any way necessary. If you are also absent on the second delivery, the order will remain at the delegation in your area so that you can pick it up at the agency.
For shipments to the Canary Islands, customs management may involve opening the order.
If, after 15 days from when your order is available for delivery, the order has not been delivered due to reasons not attributable to UMOA but due to lack of collection, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a consequence of the resolution of the contract, we will refund all payments made by you, excluding shipping or return costs that may be incurred and which will be borne by you.
9) TRANSFER OF RISK AND PROPERTY
The risks of the products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs (in case the minimum order is not reached), or at the time of delivery (according to the definition contained in the "DELIVERY" clause, if it takes place at a later time)..
As a consumer and user, you have complete health, technical and storage guarantees for the products you purchase through this website, in the legally established terms for each type of product. UMOA is therefore responsible for any lack of conformity that may occur within a period of 3 years from the delivery of the product. We inform you that, as a consumer, you have a period of 3 years to inform us of any lack of conformity, counted from the moment you became aware of it.
In this sense, it is understood that the products are in conformity with the contract as long as:
- They conform to the description made by UMOA and have the qualities presented in it;
- They are suitable for the uses for which products of the same type are usually intended;
- They present the quality and benefits usual in a product of the same type and that are fundamentally expected of it;
- They have remained closed, as we are talking about a perishable product that is governed by PAO ("Period After Opening") according to the product formulation, but which may be less than 2 years;
- If the product has been opened, the non-conformity is within the PAO ("Period After Opening") dates indicated on the packaging;
- The storage conditions are within those recommended by AEMPS (Spanish Agency for Medicines and Health Products) for cosmetic product care; and
- The product has been used correctly and reasonably.
The main recommendations regarding proper storage conditions by the AEMPS are (previous point (vi)):
- Store the products between 18 - 25ºC, away from direct light and any source of heat. Avoid storing them in environments with high humidity.
- Keep the product in its original packaging and close it tightly after use.
- Do not mix the product with water or other products.
- Do not use the product for a purpose other than intended by the manufacturer.
- Respect the minimum durability date or the period after opening (PAO) indicated in months or years within the PAO symbol. ;
The main rules for correct and reasonable use of the product are (previous point (vii)):
- Wash hands before use.
- Follow the instructions indicated on the labeling.
- Consider the warnings indicated on the labeling and informative leaflet when applicable.
When this is not the case regarding the products we deliver to you, you must follow the instructions in section 12, RETURN OF DEFECTIVE OR NON-COMPLIANT PRODUCTS.
However, some of the products sold on the website have the characteristics of natural raw materials used in their manufacturing, which may result in variations in color, texture, or scent. These natural characteristics are inevitable and therefore form part of the individual appearance of the product and should not be considered defects or flaws. On the contrary, their presence should be expected and appreciated as they demonstrate the naturalness of the product.
11) DISCLAIMER OF LIABILITY AND FORCE MAJEURE
Unless expressly stated otherwise in these Conditions or by law, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of that product.
Unless otherwise required by law, we shall not accept any liability for the following losses, regardless of their origin:
Any loss that is not attributable to any breach on our part, except in cases of willful misconduct or gross negligence: business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time of entering into the contract of sale of the products.
Furthermore, we also limit our liability (to the extent permitted by applicable law) in the following cases:
- UMOA takes all measures to provide an accurate display of the product on the website; however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution or browser issues.
- UMOA will act with utmost diligence to make the product subject to the purchase order available to the transport company. However, it is not responsible for damages resulting from transportation malfunctions, especially due to reasons such as strikes, road closures, and any other specific issues in the sector that result in delays, losses, or theft of the product.
- Technical failures that prevent normal operation of the internet service due to fortuitous events or other circumstances.
- Unavailability of the website due to maintenance or other reasons that prevent access to the service. We make every effort to carry out the purchasing, payment, and shipping/delivery process; however, we disclaim responsibility for causes beyond our control, fortuitous events, or force majeure.
- We shall not be responsible for misuse and/or wear and tear of products used by you. It is your responsibility to return the correct product.
- In general, we shall not be liable for any failure or delay in fulfilling any obligations assumed when such failure or delay is due to events beyond our reasonable control, i.e., force majeure. This may include, but is not limited to:
- Strikes, lockouts, or other industrial actions; civil unrest, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster. Inability to use trains, ships, airplanes, motor transportation, or other means of public or private transportation.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure event continues, and UMOA will have an extension of the deadline to fulfill them for a period of time equal to the duration of the force majeure event.
We will use all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure event.
12) RETURN OF DEFECTIVE OR NON-COMPLIANT PRODUCTS
Last updated 12/12/2022
In cases where you believe that the product we have delivered to you does not conform to the characteristics and qualities indicated on our website, has any manufacturing issues, may be in poor condition due to transportation problems, or has a problem related to cosmetovigilance (and therefore used or opened), please contact us immediately by email at email@example.com or through our contact channels providing your order details and indicating the defects that you believe the delivered product has so that we can instruct you on how to proceed.
In the event of a lack of conformity of the product, you have the right to a price reduction (in cases where applicable) or to terminate the contract, which involves returning the product on your part and receiving a corresponding refund of the amount paid.
Please note that if the lack of conformity is minor, contract termination will not apply. In these cases, we will carefully examine the returned product and notify you by email within a reasonable period of time whether a refund of the price paid for the product is applicable.
The refund will be made as soon as possible and, in any case, within 14 days from the date of sending the email confirming that a refund of the price paid for the product is applicable. The refund will be made using the same payment method used for the purchase.
For all the details of our return policy, please refer to the specific returns section.
If you have any doubts, you can send us an email at firstname.lastname@example.org.
13) RIGHT OF WITHDRAWAL
Last updated 12/12/2022
If you have changed your mind or made a mistake, don't worry and follow these guidelines to return your order. You have the right to withdraw from this contract within 14 calendar days without giving any reason.
The withdrawal period will expire after 14 calendar days from the day on which you or a third party designated by you, other than the carrier, acquired physical possession of the goods or, in the case of goods that are delivered in separate shipments, 14 calendar days from the day on which you or a third party designated by you, other than the carrier, acquired physical possession of the last of those goods.
NOTE: If you are returning part of a pack or an offer that combines more than one product, it cannot be divided, so it is necessary to return the entire pack.
13.1) Care of the goods to be returned.
13.2) Withdrawal Process.
You must return the products you wish to return through the courier that we will send you. Once we receive the returned products, we will inspect them through a quality control process. If after the quality control we confirm that there are no discrepancies or defects with the returned product, we will contact you to confirm that the refund is being processed. In this case, within a maximum period of 14 calendar days, we will refund the amount you paid for the product(s) subject to withdrawal. You will only have to bear the shipping costs once: if you have already paid for shipping with the initial purchase, you will not have to pay for shipping again to return the product; if you have benefited from free shipping with the initial purchase, you will have to bear the shipping costs to return the product. If after the quality control process we detect any discrepancies or defects with the returned product, we may not refund the full price you paid for the product.
13.3) Return policy applicable to Canary Islands and other territories.
14) TECHNICAL MEANS TO CORRECT ERRORS
If you have just made a purchase but want to cancel it, please notify us as soon as possible through our email: email@example.com. If the order has not yet been processed, we can cancel it and refund the full amount of your purchase. However, if the order is already being processed or has been shipped and is in the hands of the delivery company, you will need to follow the return
15) PRODUCT EXCHANGE POLICY
UMOA does not accept exchanges between a product purchased by the consumer and another product offered on the website.
If the consumer wishes to make an exchange, they must exercise their right of withdrawal as established in clause 13) RIGHT OF WITHDRAWAL and subsequently purchase the new desired product.
16) COMMUNICATIONS AND WRITTEN NOTIFICATIONS
By using this website, you agree that most communications with us will be electronic (email or notices posted on the website). For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information, and other communications sent to you electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the user. You can send notifications and/or communicate with us through the contact details provided in these terms and, if applicable, through the contact spaces on the website.
Likewise, unless otherwise specified, we may contact and/or notify you at your email address or the provided postal address.
The hyperlinks contained on our website may direct to third-party websites. UMOA assumes no responsibility for the content, information, or services that may appear on such sites, which are understood to be offered solely for informational purposes by UMOA and do not imply acceptance or endorsement by UMOA or any relationship between UMOA and the individuals or entities that own such content or the sites where they are located
18) NO WAIVER
No waiver by UMOA of a specific right or legal action, or failure by UMOA to enforce strict compliance by the user with any of its obligations, will imply a waiver of other rights or actions arising from a contract or these terms, nor will it exempt the user from fulfilling their obligations. No waiver by UMOA of any of these terms or the rights or actions arising from a contract will be effective unless expressly stated as a waiver and formalized and communicated to the user in writing.
19) PARTIAL INVALIDITY
In the event that any clause of these terms is declared null, the remaining clauses will remain in force and will be interpreted in accordance with the spirit of these sales conditions.
20) COMPLETE AGREEMENT
We both acknowledge that we have entered into a contract without relying on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations between the two parties prior to such contract, except as expressly mentioned in these terms. Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement was made fraudulently). In that case, the only action available to the other party will be an action for breach of contract, in accordance with these terms and the law.
24) APPLICABLE LAW AND JURISDICTION
These Conditions are governed by Spanish law. The parties, in accordance with 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, submit to the Courts and Tribunals of the User's place of residence.
25) COMPLAINTS AND OUT-OF-COURT CLAIMS
As a User, you can submit your complaints, claims, or any other comments you wish to make through the contact details provided in these Conditions. Additionally, UMOA has official complaint forms available to consumers and users, which you can request at any time using the contact details provided in these Conditions. Furthermore, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes, we inform you that, in the event of a dispute, EU resident Users may access the "Online Dispute Resolution Platform" developed by the European Commission in an attempt to resolve any disputes arising from the provision of services by UMOA out of court. You can access the "Online Dispute Resolution Platform" through the following link: http://ec.europa.eu/consumers/odr/
26) CONTACT US
We have a willingness to improve, and if you believe that your advice can help us do that, we will be happy to listen.
December 12, 2022.