OOPSNAILS /

General Terms and Conditions of Sale

General Terms and Conditions of Sale

oopsnailsbcn.es

1. GENERAL INFORMATION

This website oopsnailsbcn.es, (hereinafter Website) is owned by: Antul Art SL, with NIF: B08835216 and registered in: ; and whose registration data is: , and whose contact details are:

Address: C/ del Consell de Cent, 64. 08015 Barcelona, Spain

Contact phone: +34611849018

Contact email: oopsnailsbcn@gmail.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (oopsnailsbcn.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that oopsnailsbcn.es develops through the Website includes:

Professional manicure products

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of oopsnailsbcn.es. By 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 all the aforementioned, so if they do not agree with all of them, they should not use this Website.

Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website as those that are in force at the time the acquisition of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so that all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment browsing of the Website begins, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for correct use of the Website. This responsibility will extend to:

  • Using this Website solely to make legally valid inquiries and purchases or acquisitions.
  • Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be cancelled and the relevant authorities would be informed.
  • Providing truthful and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.

The Website is aimed primarily at Users residing in Spain. oopsnailsbcn.es does not guarantee that the Website complies with the laws of other countries, either totally or partially. oopsnailsbcn.es declines all responsibility that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

The User may formalize, at their option, with oopsnailsbcn.es the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of oopsnailsbcn.es, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Accept"

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that oopsnailsbcn.es has received their order or purchase request and/or service provision, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being shipped.

Once the purchase procedure has been completed, the User consents for the Website to generate an electronic invoice which will be sent to the User via email. Likewise, the User can, if they wish, obtain a copy of their invoice on paper, by requesting it from oopsnailsbcn.es using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular sales conditions concerning the product and/or service in question and which are shown next to its presentation or, where appropriate, image on its page of the Website, indicating, by way of example, but not limited to, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular sales conditions applicable to each case.

Unless expressly stated otherwise, oopsnailsbcn.es is not the manufacturer of the products sold or that may be marketed on the Website. Although oopsnailsbcn.es makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from that which appears on the Website. Therefore, the User should not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions that accompany the product.

4. AVAILABILITY

All purchase orders received by oopsnailsbcn.es through the Website are subject to the availability of the products and/or to the absence of any circumstance or force majeure (clause nine of these Conditions) affecting their supply and/or the provision of services. If difficulties arise in the supply of products or if products are out of stock, oopsnailsbcn.es undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially in relation to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, oopsnailsbcn.es performs delivery and/or shipping services through: Nacex.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods will be: Credit or debit card

oopsnailsbcn.es uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, oopsnailsbcn.es will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once oopsnailsbcn.es receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the moment the User is sent the shipping confirmation and/or confirmation of the service provided in the established form and, where appropriate, place.

In any case, by clicking "Accept" the User confirms that the payment method used is their own.

6. DELIVERY

In cases where the physical delivery of the contracted good is appropriate, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason attributable to oopsnailsbcn.es, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to arrange for it to be delivered again.

If the User will not be at the delivery location during the agreed time slot, they must contact oopsnailsbcn.es to arrange delivery on another day.

If 30 days have elapsed since your order was available for delivery, and it has not been delivered for reasons not attributable to oopsnailsbcn.es, oopsnailsbcn.es will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to them, with the exception of the additional expenses resulting from the User's own choice of a delivery method different from the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to them.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment the User or a third party indicated by the User acquires material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when oopsnailsbcn.es receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount due for payment by oopsnailsbcn.es.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that, in the event that they detect an error in entering data necessary to process their purchase request on the Website, they may modify them by contacting oopsnailsbcn.es through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal login area on the Website.

In any case, before clicking on "Accept", the User has access to the area, cart, or basket where their purchase requests are being noted and can make modifications.

Likewise, the User is advised to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

8. RETURNS

In cases where the User acquires products on or through the owner's Website, they have a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on the oopsnailsbcn.es Website or in the event that the goods making up their order are delivered separately, 14 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify their decision to oopsnailsbcn.es. They may do so, where appropriate, through the contact spaces enabled on the Website.

Regardless of the means chosen to communicate their decision, the User must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that oopsnailsbcn.es makes available as an annex to these Conditions, however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires.

In the event of withdrawal, oopsnailsbcn.es will refund all payments received from the User, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which oopsnailsbcn.es is informed of the User's decision to withdraw.

oopsnailsbcn.es will refund the User using the same payment method that they used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, oopsnailsbcn.es may withhold said refund until it has received the products or items of the purchase, or until the User presents proof of their return, whichever condition is met first.

The User can return or send the products to oopsnailsbcn.es at: C/Valencia 40, 1-2, 08015 Barcelona

You must do so without undue delay and, in any case, no later than 14 calendar days from the date on which oopsnailsbcn.es was informed of the decision to withdraw.

The User acknowledges that they will have to bear the direct cost of returning (transport, delivery) the goods, if any. Furthermore, they will be responsible for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of 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. By way of example, and not exhaustively, this would be the case for: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their factory-sealed packaging; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

The provision of a service that the User may contract on this Website is governed by the same principle, as this same Law establishes that Users will not have the Right of Withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by oopsnailsbcn.es, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond merely opening it, if products are not in the same condition as when they were delivered, or if they have suffered any damage after delivery.

Likewise, products must be returned using or including all their original packaging, instructions, and other accompanying documents, as well as a copy of the purchase invoice.

You can download the Withdrawal Form Template at the following link:

Return of defective products or shipping error

This refers to all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, must immediately contact oopsnailsbcn.es and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, whether a refund is due or, if applicable, a replacement.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is due.

The amount paid for those products that are returned due to a defect, when it actually exists, will be refunded in full, including delivery costs and any costs that the User may have incurred to make the return. The refund will be made using the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, shall always apply.

Guarantees

The User, as a consumer and user, benefits from guarantees on the products they may acquire through this Website, under the terms legally established for each type of product, with oopsnailsbcn.es therefore being responsible for any lack of conformity that becomes apparent within two years from the delivery of the product.

In this regard, products are understood to conform to the contract provided that they: match the description provided by oopsnailsbcn.es and possess the qualities presented therein; are fit for the purposes for which products of the same type are ordinarily intended; and display the usual quality and performance of a product of the same type and that are reasonably expected. If this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section on Return of defective products or shipping error. However, some of the products sold on the Website may have non-homogeneous characteristics, provided these derive from the type of material with which they are manufactured, and which will therefore form part of the individual appearance of the product, and will not be considered a defect.

Furthermore, it could happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and if the User considers it a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all information regarding the product's warranty.

9. EXEMPTION FROM LIABILITY

Unless otherwise provided by law, oopsnailsbcn.es will not accept any liability for the following losses, regardless of their origin:

  • any losses not attributable to any breach on its part;
  • business losses (including loss of profit, income, 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 the sales contract for the products was formalized between both parties.

Likewise, oopsnailsbcn.es also limits its liability in the following cases:

  • oopsnailsbcn.es applies all measures to provide a faithful visualization of the product on the Website; however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution, browser issues, or other similar problems.
  • oopsnailsbcn.es will act with the utmost diligence in making the product subject to the purchase order available to the transport company. However, it is not responsible for damages resulting from transport malfunctions, especially due to causes such as strikes, traffic jams, and in general any others inherent to the sector, which lead to delays, losses, or theft of the product.
  • Technical failures due to fortuitous causes or other reasons that prevent the normal functioning of the service through the internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the service from being available. oopsnailsbcn.es puts all means at its disposal to carry out the purchase, payment, and shipping/delivery process of the products; nevertheless, it is exempt from responsibility for causes not attributable to it, unforeseen circumstances, or force majeure.
  • oopsnailsbcn.es will not be responsible for the misuse and/or wear and tear of products that have been used by the User. At the same time, oopsnailsbcn.es will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
  • In general, oopsnailsbcn.es will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not limitation:
    • Strikes, lockouts, or other industrial action.
    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
    • Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Thus, obligations will be suspended during the period that the force majeure event continues, and oopsnailsbcn.es will have an extension in the term to fulfill them for a period equal to the duration of the force majeure event. oopsnailsbcn.es will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most communications with oopsnailsbcn.es will be electronic (email or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that oopsnailsbcn.es sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notices and/or communicate with oopsnailsbcn.es through the contact details provided in these Conditions and, if applicable, through the contact sections of the Website.

Likewise, unless otherwise stipulated, oopsnailsbcn.es may contact and/or notify the User at their email address or the postal address provided.

11. WAIVER

No waiver by oopsnailsbcn.es of a specific right or legal action or the failure of oopsnailsbcn.es to demand strict compliance by the User with any of their obligations shall imply a waiver of other rights or actions derived from a contract or the Conditions, nor shall it exempt the User from fulfilling their obligations.

No waiver by oopsnailsbcn.es of any of these Conditions or of the rights or actions derived from a contract shall be effective, unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. SEVERABILITY

If any of these Conditions are declared null and void by a firm resolution issued by a competent authority, the remaining clauses will remain in force, without being affected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and oopsnailsbcn.es in relation to the object of the sale and purchase and supersede any other prior pact, agreement, or promise agreed verbally or in writing by the same parties.

The User and oopsnailsbcn.es acknowledge having consented to the celebration of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The personal information or data that the User provides to oopsnailsbcn.es during a transaction on the Website will be processed in accordance with the provisions of the Privacy or data protection policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

The access, browsing and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between oopsnailsbcn.es and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send their complaints, claims, or any other comment they wish to make to oopsnailsbcn.es through the contact details provided at the beginning of these Conditions (General Information).

Additionally, oopsnailsbcn.es has official complaint forms available to consumers and users, which they can request from oopsnailsbcn.es at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase agreement between oopsnailsbcn.es and the User, the User, as a consumer, may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

This General Purchase Conditions document was created using the online general purchase conditions template on 20/04/2022.