LEGAL NOTICE CONDITIONS OF USE AND PURCHASE WWW.LABEAUORGANIC.COM
INTRODUCTION
This document (together with all documents referred to herein) sets out the conditions governing the use of this website (www.labeauorganic.com) and the purchase of products on this website (hereinafter, the "Conditions"), regardless of the application, digital media, medium or device through which it can be accessed. Please read these Terms and Conditions and our Privacy and Cookie Policy ("Privacy and Cookie Policy") carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy and Cookie Policy, so if you do not agree to all of the Terms and the Privacy and Cookie Policy, you should not use this website.
If you have any questions regarding the Terms or the Privacy and Cookie Policy you can contact us via our contact details.
OUR DETAILS
The sale of articles through this website is carried out under the name LABEAU ORGANIC by LABEAU FRAGRANCES S.L, with C.I.F nº B66904558 and address at Vía Augusta 29 Planta 6, 08006 Barcelona registered in the Mercantile Register of BARCELONA Volume 45688, Folio 159, Page B 495929, Inscripció 1, with telephone 653 222 999 and e-mail hola@labeauorganic.com.
YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide about yourself will be processed in accordance with the provisions of the Privacy and Cookies Policy. By using this website you consent to the processing of such information and data and declare that all information or data you provide is true and accurate.
USE OF OUR WEBSITE
By using this website and placing orders through this website you agree to:
To use this website only to make legally valid enquiries or orders.
Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed we will be entitled to cancel it and inform the relevant authorities.
iii. To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we require, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into a contract.
SERVICE AVAILABILITY
The items offered on this website are only available for delivery within Spain.
HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on "PAY". You will then receive a confirmation e-mail.
TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.
You can correct errors related to the personal data provided during the purchase process by contacting customer service by telephone, via social networks (on Facebook, Instagram or Twitter) or via WhatsApp, as well as exercise the right of rectification provided for in our Privacy and Cookies Policy via the aforementioned email.
This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. It also provides details of all the items you have added to your cart during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service department, by telephone or at the e-mail address above.
PRODUCT AVAILABILITY
All orders are subject to product availability. In the event of difficulties in the supply of products or if items are out of stock, we will refund any amount you may have paid.
DELIVERY
Unless there are circumstances arising from the customisation of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the period indicated on the website according to the shipping method selected and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of either proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid.
Please note, however, that we do not deliver to your home on Saturdays or Sundays, except in the case of gift cards.
For the purposes of these Conditions, "delivery" or the order shall be deemed to have taken place or to have been "delivered" at the moment when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The virtual gift card shall be deemed to be delivered in accordance with the terms and conditions of the Gift Card Terms and Conditions of Use.
IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, we will try to find a safe place to leave your order. If we are unable to find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to arrange for it to be re-delivered to you. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
If, 15 days after your order has been available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will refund to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of standard delivery offered by us) without undue delay and in any event not later than 14 days from the date on which we consider the contract to be terminated. Please note that carriage arising from the termination may incur additional costs and we shall be entitled to charge you for these costs.
This clause does not apply to the virtual gift card, the delivery of which is governed by the Gift Card Terms and Conditions of Use.
PRE-SALE OF ITEMS
In the event that you make a pre-sale purchase of items, they will be delivered to the address you select within the timescales indicated on our website.
Please note that some of these items are subject to longer delivery times, which will be those shown on the website and, in any case, will be delivered within a maximum of 30 days from the date of the Order Confirmation.
In the case of mixed orders consisting of products corresponding to the regular purchase process and pre-sale products ("Mixed Orders"), the items will have been ordered by you in the same order but may be delivered separately and in different periods of time.
Once the pre-sale products have been prepared, we will contact you to inform you that they are being dispatched ("Dispatch Confirmation").
You have the right to withdraw from the contract within 14 calendar days without giving any reason. In the case of Mixed Orders, the withdrawal period will expire 14 calendar days after the day on which you or a third party other than the carrier and indicated by you acquires material possession of the last of the goods.
The foregoing is without prejudice to your contractual right of withdrawal of 30 days from the Dispatch Confirmation that you will receive for each of the goods that may be delivered separately in the case of Mixed Orders.
If you make a purchase of a pre-sale product, all the provisions contained in these Conditions shall also apply to you.
TRANSFER OF RISK AND OWNERSHIP
The risks of the products shall be borne by you from the time of delivery.
You will acquire ownership of the products when we receive payment in full of all sums due in respect of the products, including delivery charges, or at the time of delivery (as defined in clause 9 above), whichever is the later.
PRICE AND PAYMENT
Prices on the Website include VAT but exclude delivery charges, which will be added to the total amount due as set out in our delivery policy.
Prices are subject to change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.
You may use Visa, Mastercard, Paypal or the labeauorganic gift card as a means of payment, as well as cash on delivery.
By clicking on "PAY" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or subscription card.
To minimise the risk of unauthorised access, your credit card details will be encrypted. Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.
GUEST SHOPPING
This website also allows you to purchase through the guest checkout functionality. In this mode of purchase, you will only be asked for the essential data to be able to process your order.
Once the purchase process has been completed, you will be offered the option of registering as a user or continuing as an unregistered user.
VALUE ADDED TAX AND INVOICING
In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of your order will be made by the
on Value Added Tax, the supply of the articles shall be understood to be located in the territory where Spanish VAT is applicable. The applicable VAT rate will be that legally in force at any given time depending on the specific item in question.
You expressly authorise us to issue the invoice in electronic format, although you may at any time indicate your wish to receive a paper invoice, in which case we will issue the invoice in this format.
LIABILITY AND DISCLAIMER OF LIABILITY
Except as otherwise expressly provided in these Terms, our liability in respect of any product purchased from us shall be strictly limited to the purchase price of such product.
However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their source:
(i) loss of revenue or sales:
(ii) loss of business;
(iii) loss of profits or loss of contracts;
(iv) loss of anticipated savings;
(v) loss of data; and
(vi) loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.
VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or deleterious programs or material onto this website. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of offences punishable by the applicable regulations. We will report any such breach to the relevant authorities and we will co-operate with them in order to discover the identity of the offender. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.
We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials as a result of your use of this website or your downloading of any content from or redirected to this website.
LINKS FROM OUR WEBSITE
Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability whatsoever for any loss or damage arising from their use.
WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition shall not affect your statutory rights.
NOTICES
The notifications that you send us must be sent via telephone 653 222 999, via social networks (Facebook, Instagram and Twitter) or via WhatsApp. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.
Notifications shall be deemed to have been received and to have been properly made at the same time as they are posted on our website, 24 hours after an e-mail has been sent, or three days after the date of posting of any letter. In order to prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to a post office or letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us and our respective successors, assigns and successors in title. You may not transfer, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent.
We may transfer, assign, charge, encumber, sub-contract or otherwise transfer a contract or any of our rights or obligations under it at any time during its term. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers shall not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any warranties, whether express or implied.
EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control ("Force Majeure Event").
Force Majeure Events shall include any act, event, default, omission or accident beyond our reasonable control including but not limited to the following:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations despite the Force Majeure Event.
DISCLAIMER
Our failure to require strict performance by you of any of your obligations under a contract or these Terms or our failure to exercise any right or remedy which may be available to us under such contract or these Terms shall not constitute a waiver or limitation of such right or remedy or relieve you of any such obligation.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.
PARTIAL INVALIDITY
If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.
ENTIRE AGREEMENT
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreements, understandings or promises made between you and us orally or in writing.
You and we acknowledge that we have consented to enter into a contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or writing in negotiations between us prior to the contract, except as expressly referred to in these Terms.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We reserve the right to modify these Terms and Conditions. Any changes made will not be retroactive.
If you do not agree to the changes, we recommend that you do not use our website.
APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.
Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions are always welcome. Please send us such comments, suggestions and queries through our contact channels or the postal address indicated. We also have official complaint forms available for consumers and users. You can request them by calling 653 222 999 or through our contact channels.
You may also send your complaints and claims through our contact channels or by e-mail to hola@labeauorganic.com, which will be dealt with by our customer service department as soon as possible and, in any case, within the legally established period. Likewise, they will be registered with an identification code that we will inform you of and will allow you to follow up on them.
If you as a consumer consider that your rights have been infringed, you can address your complaints to us via the email address hola@labeauorganic.com in order to request an out-of-court settlement of disputes.
In this regard, if the purchase between you and us has been concluded online via our website, in accordance with EU Regulation No 524/2013, we inform you that you have the right to apply with us for an out-of-court settlement of consumer disputes accessible via the internet address http://ec.europa.eu/consumers/odr/.
CONTACT
Please note that the e-mail address hola@labeauorganic.com is enabled for the purpose of allowing easy and direct access to LABEAU FRAGRANCES S.L.'s identification data as the company marketing the goods, as well as for the purpose of allowing you to lodge any complaints or claims you deem appropriate.
To send comments, suggestions, queries or any other matter other than the above, you can access our usual means of contact, i.e.: the telephone number 653 222 999, the chat available on the website, social networks (Facebook and Twitter) or WhatsApp.
For more information please consult the "Contact" section of the website.
PRODUCT INFORMATION
We pay great attention to the information concerning the characteristics of the products by means of technical descriptions, list of ingredients, instructions for use and photographs illustrating the products. All this is done within the limits of technology and respecting the best market standards.
If you have any questions and/or queries, you can contact us by e-mail at hola@labeauorganic.com.
COPYRIGHT | INTELLECTUAL PROPERTY
All the content of the Labeau Organic online shop, illustrations, texts, names, brands, images and videos are the property of Labeau Organic. Any misuse can be legally prosecuted.
Document date: 07/08/2020