GENERAL TERMS AND CONDITIONS
1. Definitions
These general terms and conditions of sale comprehensively regulate all sales transactions that may be offered from the lashacademymarbella.com website owned by Vivien Villanyi (hereinafter Lash Academy Marbella), with Number o Tax identification code number Y3925895Q, registered office at Calle Torrente Ballester 16. Albatros III. Portal 2. Floor 1. Door 5 and registered at .
These terms and conditions may be modified by Lash Academy Marbella at any time, with the user being informed of the existence of any new version of these that contains substantial changes.
This document (as well as all other documents mentioned here) regulates the conditions that govern the use of the lashacademymarbella.com website and the purchase or acquisition of services therein.
In addition to reading these Conditions, before accessing , navigate and/or use this website, the user must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy.
When using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above, so if you do not agree with all of this, you should not use this Website.
Likewise, we inform you that these Conditions could be modified. The User is responsible for consulting them every time they access, browse and/or use the Website since those that are in force at the time the purchase of the services is requested will be applicable.
For all questions that the User may have. have in relation to the Conditions you can contact the owner using the contact details provided above.
2. Sales channels
Lash Academy Marbella markets its products and services through the following public sales channels:
Website lashacademymarbella.com.
Public sales establishments.
3. The user
Access, navigation and use of the Website confers the status of user, therefore, from the moment navigation through the Website begins, all the Conditions established here, as well as their subsequent modifications, are accepted. without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for correct use of the Website. This responsibility will extend to:
Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Do not make any false or fraudulent purchases.
Provide true and lawful contact information, for example, email address, postal address or other information.
The User declares that he or she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The Website It is aimed mainly at Users residing in Spain. Lash Academy Marbella does not ensure that the Website complies with the laws of other countries, either totally or partially.
4. Applicability of the general conditions
These Conditions will apply to:
1. Clients who purchase products or services holding the status of businessman or professional.
2. Consumers who purchase products or services for private use.
For users to be considered Clients, they must meet the following requirements:
1. Be a professional and/or businessman.
2. Act with a purpose related to their commercial, business, trade or profession.
End Consumers will be considered all those who do not meet the requirements to be considered Clients.
5. Purpose
The purpose of these conditions is to regulate the contractual terms for the purchase of products, the consideration due by the user to Lash Academy Marbella, as well as the use of the service by the user.
6. Conditions of access and purchase
Access to the Lash Academy Marbella Portal is free and grants the user the status of User, regardless of the subsequent use of the services offered.
The User must register in order to purchase in our store by completing a form, which will involve assigning personal credentials composed of a unique identifier (which will be the email address) and a password, the conservation and custody of which will depend exclusively on the User, who must operate with them with due diligence. . Therefore, you will not use passwords other than yours, in order to impersonate other Users in the use of lashacademymarbella.com.
The acquisition of products on lashacademymarbella.com can only be made by users over eighteen (18) years of age, who must follow the steps and instructions that will accompany the entire purchase process, consisting, but not limited to:
i) Completion of the registration form or the identification form of previously registered users;
ii) Screen display of the order summary, delivery conditions and shipping costs – if applicable;
iii) Acceptance of purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of these General Conditions, as well as, where applicable, the existing Specific Conditions.
7. Orders through the website
No valid order can be placed without expressly accepting, through the boxes enabled for this purpose, the terms and conditions and privacy policy of Lash Academy Marbella.
All orders will be considered offers of purchase subject to these terms and conditions. Lash Academy Marbella reserves the right to accept them if the requirements set forth therein are not met.
Once an order has been placed, the system automatically generates proof of receipt of the order. However, this confirmation does not imply automatic acceptance of the order, since Lash Academy Marbella reserves the right to collect additional information related to identity and address to guarantee both correct shipment of the order and to ensure the absence of fraud. related to transactions.
Orders can be placed 365 days a year, at any time, except when the service is suspended for maintenance or other commercial circumstances and/or force majeure.
Any order is subject to the availability of the product. In the event that it is not possible to deliver an order due to supply problems or not having sufficient stock, the user will have the option to wait until the product is available or cancel the order.
8. Price
It is understood that the price of each product is the one marked on the product available in the establishment and appears on the website at the time of placing each order. The user must pay the marked price, including applicable taxes, along with shipping costs, which will be added to the final price to be paid.
9. Payment
Payment for the order by the customer will be made immediately, unless the parties have made other agreements regarding this or a different payment term is indicated on the invoice.
The payment terms are considered strict. This means that if the client has not paid the agreed amount by the last day of the term, the client will be considered in default and in default by law, without Lash Academy Marbella having to send the client a reminder or notice of default.
Lash Academy Marbella reserves the right to make a delivery subject to immediate payment or to require a guarantee for the total amount of the services or products.
In addition, the delay in payment of more than one month or the temporary suspension of services in two Occasions due to late payment, will entitle Lash Academy Marbella to the definitive interruption of services and the corresponding termination of the contract, prior notification 15 days in advance, and may request, where appropriate, compensation for early cancellation of these Conditions. General and the payment of damages that may be caused as a result of non-compliance.
10. Payment methods
The accepted payment methods are:
3. Payment by credit or debit card. We reserve the right NOT to accept certain payments with certain credit cards.
4. Payment through PayPal.
Lash Academy Marbella reserves the right to change the payment methods, being able to create new ones or eliminate any of the existing ones, without the user/client of lashacademymarbella.com being able to make claims for this reason. However, if the change in the payment method affects an order already placed, lashacademymarbella.com would contact the user/client to inform them of said change, offering them the option to cancel the order if they consider it appropriate.
Payment with credit/debit card: The charge is made online, that is, in real time, through the payment gateway of the corresponding financial institution and once it has been verified that the data communicated is correct. In order to provide maximum security to the payment system, Lash Academy Marbella uses secure payment systems from leading financial institutions in electronic commerce. In this sense, confidential data is transmitted directly and in encrypted form (SSL) to the corresponding financial institution. The SSL encryption system used provides total security to data transmission over the network. User/client data enjoys total confidentiality and protection. Credit card information is not recorded in any of our databases. They are only used in the virtual POS (Point of Sale Terminal) of the commercial-name financial institution, through its Secure Payment Gateway. Credit cards will be subject to verification and authorization by the issuing entity, but if said entity does not authorize payment, Lash Academy Marbella is not responsible for any delay or lack of delivery and will not be able to formalize any Contract with the user/client. Lash Academy Marbella reserves the right to verify the personal data provided by the user/client and adopt the measures it deems appropriate (including cancellation of the order) so that the purchased merchandise is delivered in accordance with the data contained in the order.
Payments with PayPal are made directly on the PayPal website, following the conditions of use established by PayPal. If the order is not paid within one hour, Lash Academy Marbella will cancel the order.
11. Guarantee
Lash Academy Marbella offers a 2-month guarantee on products sold from the date of purchase that includes:
If the product presents any factory defect or breakdown that makes the product unusable for the Client or Consumer You can claim it from Lash Academy Marbella, having the option of requesting a replacement for an item of the same type and model.
12. Right of withdrawal
The Client who is considered a businessman for the purposes of the General Law for the Defense of Consumers and Users will not be able to exercise his right of withdrawal.
The final Consumer has the right to withdraw from the contract concluded through lashacademymarbella.com within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day on which the Consumer, a third party indicated by him, other than the carrier, has acquired material possession of the goods. .
To exercise the right of withdrawal, the Consumer must notify Lash Academy Marbella of their decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by postal mail, fax or email).
To comply with the withdrawal period, it is enough for the communication regarding the exercise by the User of this right to be sent before the corresponding period expires.
In case of withdrawal, Lash Academy Marbella will return all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User’s choice of a delivery method other than the least expensive ordinary delivery method offered) without any undue delay and, in any case, at no later than 14 calendar days from the date on which the User informs Lash Academy Marbella of their decision to withdraw from the contract. Lash Academy Marbella will proceed to make said refund using the same payment method used by the Consumer for the initial transaction, unless the Consumer has expressly provided otherwise; In any case, the User will not incur any expenses as a result of the refund. Lash Academy Marbella may withhold the refund until the goods have been received, or until the User has presented proof of their return, depending on which condition is met first.
The Consumer will only be responsible for the decrease in value of the goods. resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
It is specified in this document that any Products not sealed after delivery or that may be subject to return for health reasons or purposes of health protection, will not be subject to withdrawal (including, but not limited to, any Beauty Care Products if their lid or closure is removed).
The right of withdrawal will not be applicable to contracts that refer to:
The supply of goods whose price depends on fluctuations in the financial market that Lash Academy Marbella cannot control.
The supply of goods manufactured in accordance with the specifications of the consumer and user or clearly personalized.
The supply of goods that may deteriorate or expire quickly.
The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
The supply of goods that after their delivery and taking into account their nature have been inseparably mixed with other goods.
The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the supply contract. sale and that cannot be delivered within 30 days, and whose real value depends on market fluctuations that Lash Academy Marbella cannot control.
Contracts in which the consumer and user has specifically requested Lash Academy Marbella to visit them to carry out urgent repair or maintenance operations.
The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with their knowledge of which consequently loses its right of withdrawal.
13. Confidentiality
The client keeps secret any information (in any form) received from Lash Academy Marbella.
The same applies to all other information from Lash Academy Marbella that the client knows or may reasonably suspect is secret or confidential, or which can be expected to cause damage to its dissemination.
The client will take all necessary measures to ensure that it also keeps secret the information mentioned in paragraphs 1 and 2.
The obligation of confidentiality established in this article will not apply to the information :
1. That it was already public before the client learned of this information or that it later became public without this being the result of a breach of the client’s duty of confidentiality.
2. Which is made public by the client on the basis of a legal obligation.
The obligation of confidentiality described in this article applies during the term of the underlying agreement and for a period of three years after its expiration.
14. Customer service
Lash Academy Marbella has a user service so that the user can manage their complaints, doubts, or can request guarantees and execute the right of withdrawal.
The user can direct their complaints, claims or Requests for information to Customer Service:
– Sending an email to info@lashacademymarbella.com.
– Calling the phone, ().
All doubts and especially complaints and suggestions will be attended to as quickly as possible, without in any case exceeding the deadlines established by current legislation. paper or any other durable medium.
15. Technical means to correct errors
Likewise, this information could also be corrected by the User through their personal space connecting to the Website using the contact information provided in the first clause (General information) Lash Academy Marbella.
It is provided knowledge of the User that in the event that they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting info@lashacademymarbella.com.
In any case, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise your right to rectification as established in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
16. Liability of Lash Academy Marbella
Lash Academy Marbella is only responsible for any damage suffered by the client to the extent that such damage is caused by intention or deliberate recklessness.
If Lash Academy Marbella is responsible for any damage, liability will only extend to direct damages resulting from or related to the performance of an agreement.
Lash Academy Marbella is never liable for indirect damages, such as consequential damages, loss of profits, lost savings or damages to third parties.
If Lash Academy Marbella is liable, it is Liability is limited to the amount paid for liability insurance and in the absence of payment by an insurance company of the amount of damage, liability is limited to the invoice amount.
All images, photos, colors, drawings, Descriptions on the website or in a catalog are only indicative and approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
17. Modification of the terms and conditions
Lash Academy Marbella has the right to change or supplement these general terms and conditions.
Minor changes can be made at any time.
Main substantive changes will be discussed with the client as far in advance as possible. .
Consumers have the right to terminate the agreement in the event of a substantial change in the general terms and conditions.
18. Protection of personal data
Vivien Villanyi, is responsible for the processing of the user’s personal data and informs you that these data will be treated in accordance with the provisions of Organic Law 3/2018, of December 5, of Protection of Personal Data and guarantee of digital rights (LOPD) and Regulation (EU) 2016/679 of April 27, 2016 (RGPD) relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data, so the following processing information is provided to you:
1. End of treatment
Maintain a commercial relationship with the user.
2. Data collected
The personal data collected on this site are the following:
Account opening: when creating the user’s account, their name, surname, telephone number, postal address,
Login: when the user connects to the website, registers, in particular, your surname, first name, access data, usage data, location and payment data.
Profile: the use of the services provided on the website allows you to enter a profile, which may include an address and a telephone number.
Payment: as part of the payment for the services offered on the website, financial data relating to the user’s bank account or credit card is recorded.
Communication: when the website is used to communicate with other members, data relating to user communications is temporarily stored.
Cookies: Cookies are used when you use the site. The user has the possibility of disabling cookies from their browser settings.
3. Use of personal data
implementation of user support;
personalization of services by displaying ads based on the user’s browsing history, according to their preferences;
fraud prevention and detection, malware management (malicious software ) and security incidents;
management of possible conflicts with users;
sending commercial and advertising information, according to the user’s preferences.
4. Sharing personal data with third parties
Personal data may be shared with third parties in the following cases:
When the user uses paid services, for the implementation of these services, the website is in contact with third parties banking and financial institutions with which it has entered into contracts;
when the user posts publicly accessible information in the free comment areas of the website;
when the user authorizes a third-party website to access their data;
when the site website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, in the context of the provision of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
if so Required by law, the website may transmit data to file claims against the website and comply with administrative and judicial procedures;
5. Security and confidentiality
The website applies organizational, technical, software and physical measures regarding digital security to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
6. Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by directing their request to the address Calle Torrente Ballester 16. Albatros III. Portal 2. Floor 1. Door 5 29660 or email info@lashacademymarbella.com.
Right to withdraw consent at any time.
Right of access, rectification, portability and deletion of your data and the limitation or opposition to its treatment.
Right to file a claim with the control authority (agpd.es) if you consider that the treatment does not comply with current regulations.
19. Language of the contract
These general conditions of sale are written in Spanish. If they are translated into one or more foreign languages, the Spanish text will prevail in case of litigation.
20. Applicable legislation
The user undertakes to make correct and appropriate use of the services and the Lash Academy Marbella website in accordance with the Law, with these General Conditions, the Legal Notice and Conditions of Use of the Portal, as well as with the other conditions, regulations and instructions that, where appropriate, may be applicable.
These general contracting conditions are governed by Spanish legislation, with the Spanish Courts and Tribunals being competent to hear any issues may arise in relation to interpretation, application and compliance. The User expressly renounces any different jurisdiction that, by application of the current Law, may correspond to him and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of Vivien Villanyi’s domicile.