Terms and conditions of use
INTRODUCTION
This document (together with the documents referred to herein) sets out the terms and conditions governing your use of this website and your purchase of products from this website ("Terms").
Please read the Terms 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 if you do not agree to all of the Terms, you must not use this website.
These Terms shall be the terms and conditions applicable to you.
USE OF OUR WEBSITE
By using this website and placing orders through this website you agree to:
- Use this website only for the purpose of making 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 shall be entitled to cancel the order and inform the relevant authorities.
- To provide us with your email address, postal address and/or other contact details truthfully and accurately.
- 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.
FORMALISATION OF THE CONTRACT
The information contained in these Terms and Conditions and the details contained on this website do not constitute an offer to sell, but an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, you will be refunded in full.
To place an order, you must follow the online purchase procedure and click on "Authorise payment". You will then receive an e-mail acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an offer by you to us to purchase one or more products.
All orders are subject to acceptance by us, of which you will be informed via an email from us confirming that the product is being shipped to you (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formed when we send you the Dispatch Confirmation.
Only those products listed in the Dispatch Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any products that may have been ordered until we confirm the dispatch of the product to you in a Dispatch Confirmation.
AVAILABILITY OF PRODUCTS
All product orders are subject to product availability. In this regard, if there are difficulties in the supply of products or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value which you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.
REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on this website. Although we will do our best to always process all orders, there may be exceptional circumstances which require us to refuse to process an order after we have sent the Order Confirmation and we reserve the right to do so at any time, at our sole discretion.
We shall not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order after we have sent you an Order Confirmation.
DELIVERY
Notwithstanding the above Clause regarding the availability of the products and unless extraordinary circumstances occur, we will endeavour to dispatch the order consisting of the product(s) listed in each Dispatch Confirmation before the delivery date stated in the Dispatch Confirmation in question or, if no delivery date is specified, within 15 days from the date of the Dispatch Confirmation.
However, delays may occur for any of the following reasons:
1. Unforeseen circumstances; or
2. Delivery zone.
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 that we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, "delivery" shall be deemed to have taken place or the order to have been delivered at the time of signing for receipt of the order at the agreed delivery address.
IMPOSSIBILITY OF DELIVERY
If after two attempts we are unable to deliver your order, we will try to find a safe place to leave it. We will also leave you a note telling you where your order is and how to collect it. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks of the products shall be borne by you from the time of delivery.
You will acquire ownership of the goods when we receive payment in full of all sums due in respect of the goods, including delivery charges, or at the time of delivery (as defined in clause 9 above), whichever is the later.
PRICE AND PAYMENT
The price of each product will be the price stipulated at any given time on our website, except in the case of manifest error. Although we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed cancelled and any sums paid will be refunded in full.
We will not be obliged to supply you with any goods at the incorrect lower price (even if we have sent you an Order Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as the incorrect price.
The prices on this website include VAT, but exclude delivery charges, which will be added to the total amount due as set out in our Delivery Charges Policy.
Prices may 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 a Dispatch Confirmation.
Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step is to process the order and make payment. To do this:
1. Click on the "Shopping Basket" button at the top of the page.
2. Click on the "View Basket" button.
3. Click on the "Checkout" button.
4. Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address to which the invoice should be sent.
5. Enter your credit card details.
6. Click on "Authorise Payment".
You can pay with the following cards: Visa, Visa Electron, Mastercard and PayPal. To minimise the risk of unauthorised access, Visa and Mastercard payments are only made via CES, Secure Electronic Commerce transactions. If your payment method is Paypal, the charge will be made at the time we confirm your order.
By clicking "Authorise Payment" you are confirming that the credit card is yours.
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.
VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28th, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT in accordance with the provisions of article 21 of 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.
LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE
In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract at any time within 14 working days from the date of delivery of your order.
In this case, you will be refunded the price paid for such products. You will bear the direct costs of returning the product.
You may prove that you have exercised your right of withdrawal by any means permitted by law, and in any case this right will be considered to have been validly exercised by sending the withdrawal document that we provide you with or by returning the products.
This provision does not affect other consumer rights recognised by current legislation.
CONTRACTUAL RIGHT OF WITHDRAWAL
In addition to the right of withdrawal legally recognised for consumers and users and mentioned in the previous Clause, we grant you a period of 30 days from the date of the Dispatch Confirmation to return the products (except for those mentioned in the following Clause, for which the right of withdrawal is excluded).
In this case, you will be refunded the price paid for such products. You will bear the direct costs of returning the product if you do not return the product by any of the free methods mentioned in Clause 14.3 below.
You must exercise your right of withdrawal by sending the withdrawal document provided by us or by returning the products.
COMMON PROVISIONS
Your right to withdraw from the Contract shall only apply to products that are returned in the same condition in which you received them. Please return the item using or including its original packaging. You must also include all instructions, documents and product packaging. No refund will be given if the product has been used beyond the mere opening of the product or if it has been damaged in any way, so please be careful with the products while they are in your possession.
You will find a summary of how to exercise this right of withdrawal when you receive the Dispatch Confirmation.
Returns can be made at our VOLTAGE shop in Vilanova i La Geltrú (Barcelona) or via a messenger/courier that we will send to your home address, (see shipping policy).
For returns by messenger/courier you must contact us through our email voltage@voltagecosmetics.com so that we can organize the collection at your home. You must return the goods in the same package in which you received them.
Please note that if you choose to return the goods to us carriage paid, we will be entitled to charge you for any costs we may incur.
After examining the item, we will let you know if you are entitled to a refund. The refund will be made as soon as possible and in any case within 30 days from the date on which you informed us of your intention to withdraw. The refund will always be made by the same means of payment that you used to pay for the purchase.
If you have any doubts, you can contact us at voltage@voltagecosmetics.com or by calling +34.93.895.26.57.
RETURNS OF DEFECTIVE PRODUCTS
In cases where you consider that at the time of delivery the product does not conform to what is stipulated in the Contract, you should contact us immediately by email at voltage@voltagecosmetics.com or by telephone at +34.93.895.26.57, where we will tell you how to proceed. We will proceed to carefully examine the returned product and will inform you by e-mail, within a reasonable period of time, if the product is to be returned or replaced (if applicable). The return or replacement of the item will be made as soon as possible and in any case within 30 days from the date on which we send you an e-mail confirming the return or replacement of the non-conforming item.
The amounts paid for those products that are returned because of a tare or defect, when it actually exists, will be refunded in full, including the delivery costs incurred to deliver the item to you. The refund will be made by the same means of payment that was used to pay for the purchase.
The rights recognised by the legislation in force remain unaffected.
LIABILITY AND DISCLAIMER OF LIABILITY
Except as otherwise expressly provided in these Terms and Conditions, our liability in respect of any product purchased from us shall be strictly limited to the purchase price of such product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
1. In the event of death or personal injury caused by our negligence;
2. In the event of fraud or fraudulent misrepresentation; or
3. In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Terms, we will not accept any liability for the following losses, howsoever arising:
1. Loss of income or sales;
2. Loss of business;
3. Loss of business;
4. Loss of anticipated savings;
5. Loss of data; and
6. 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.
All product descriptions, information and materials contained in this website are provided as a matter of fact and without express or implied warranties of any kind.
To the extent permitted by law, we exclude all warranties, except those that cannot be lawfully excluded to consumers and users.
The provisions of this clause shall not affect your statutory rights as a consumer and user, nor your right to withdraw from the Contract.
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 convey, assign, encumber or otherwise transfer a Contract or any of the rights or obligations under it to or for you without our prior written consent.
We may convey, assign, charge, encumber, sub-contract or otherwise transfer a Contract or any of the rights or obligations under it to or for us at any time during the term of the Contract. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any statutory rights you may have as a consumer or void, reduce or otherwise limit any express or implied warranties we may have given to you.
EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract which is caused by events beyond our reasonable control ("Force Majeure Event").
Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including but not limited to the following:
1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations, rules or restrictions of any government or public authority.
7. Strike, failure or accidents of maritime or river transport, postal or any other type of transport.
Our obligations under the Contracts 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 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 under the Contract despite the Force Majeure Event.
WAIVER
Our failure to require your strict performance of any of your obligations under a Contract or these Conditions, or our failure to exercise any rights or remedies to which we may be entitled under such Contract or Conditions, shall not constitute a waiver or limitation of such rights or remedies or relieve you of any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Agreement or the Terms.
No waiver by us of any of these Terms or of any rights or remedies under the Agreement 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 NULLITY
If any of these 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 of the Contract and supersede any prior covenant, agreement or promise made between you and us orally or in writing.
You and we acknowledge that we have consented to the Contract without having relied on any representations or promises made by the other party or which could be inferred from any statements or writings in the negotiations between us prior to the Contract, except as expressly referred to in these Conditions.
Neither you nor we shall have any action in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the 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 these Conditions.
OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms at any time.
You will be bound by the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental action to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders previously placed by you.
COMMENTS AND SUGGESTIONS
We welcome your comments and suggestions. Please send such comments and suggestions to us at our e-mail address voltage@voltagecosmetics.com. In addition, we also have official complaint forms available for consumers and users, which can be requested by email to voltage@voltagecosmetics.com.
RETURNS AND EXCHANGES
In accordance with current legislation, products purchased on this site voltagecosmetics.com can be exchanged and returned, provided that they are returned in the same condition in which you received them and according to availability in stock.
For any exchange or return you wish to make, please contact us at the customer service email address voltage@voltagecosmetics.com. Please indicate in the email "Exchange order number xxxxxxxxxxx" in the case of an exchange, or "Return order number xxxxxxxxxxxx" in the case of a return. We will contact you as soon as possible.
DEADLINES
The time limits for exchanges and returns are 14 days from the date of receipt of the order.
ACCEPTANCE OF EXCHANGE OR RETURN
Once the exchange or return has been approved, we will send you a confirmation email.
EXCHANGE
You must prepare the product with the original packaging. Make sure that the product will be returned in perfect condition. We will indicate the date and place of collection of the product. The courier will pick up the product you wish to exchange and deliver the new one to you. To find out if you will incur any cost, check your situation in the shipping section of this page.
RETURN
You must prepare the product in its original packaging. Make sure that the product will be returned in perfect condition. We will indicate the date and place of collection of the product. To find out if you will incur any cost, check your situation in the shipping section of this page.
RECEIPT OF THE AMOUNT OF THE RETURN
Once we receive the product and confirm its condition, you will be refunded the amount paid in the same way in which you made your purchase. If you have any doubts or queries, please do not hesitate to contact us at voltage@voltagecosmetics.com.
NOTE
Voltagecosmetics.com reserves the right to reject returns or exchanges communicated after the deadline, as well as products that are not in the same condition in which they were sent.