GENERAL TERMS AND CONDITIONS OF SALE

www.onsuas.com

1. GENERAL INFORMATION

The ownership of this website www.onsuas.com, (hereinafter Website) is held by: ONSUAS CARE, provided of NIF: B10566107 and registered in: the Commercial Register of Barcelona; and whose registration details are: Tomo 48288, Folio 43, Sección 8, Hoja 578889, Inscripción 1,and whose contact details are:

Contact email: support@onsuas.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (www.onsuas.com) and the purchase or acquisition of products and/or services in it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that ONSUAS carries out through the Website comprises:

Marketing and distribution of cosmetic products for women.

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 cookies policy and the ONSUAS privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.

Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.

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

2. THE USER

The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

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

• Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
• Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
• To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (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 User may formalize, at his/her choice, with ONSUAS the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the means and in the manner established. They shall follow the online purchase and/or acquisition procedure of www.onsuas.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “buy and pay now”.

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 ONSUAS has received your order or request for purchase and / or provision of service, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to ONSUAS 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 conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved in the transactions carried out on the Website may be filed and kept in ONSUAS computerized records in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force in this regard are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by ONSUAS through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of services. In the event of difficulties in the supply of products or if there are no products in stock, ONSUAS undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

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 with regard to VAT.

Shipping costs are included in the final prices of the products as displayed on the Website. Thus, ONSUAS performs delivery and/or shipping services through: HUBOO.

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

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

The accepted means of payment will be: Credit or debit card, PayPal, and Bank Transfer.

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

Once ONSUAS 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 card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where appropriate, place established.

If the means of payment is PayPal, the charge will be made at the time ONSUAS sends a confirmation of the purchase order or purchase of products and / or services to the User.

In any case, by clicking “buy and pay now” the User confirms that the payment method used is his own.

Purchase orders or purchases in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by ONSUAS for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.

Using this method of payment, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, ONSUAS will not be able to validate the order, which will be cancelled.

6. DELIVERY

Your parcel will be delivered within 1 to 3 working days. In case the delivery is delayed the consumer will be informed. In the cases in which it is necessary to make the physical delivery of the contracted good, deliveries will be made within the following territory: Spain, European Union, Rest of Europe.

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization 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 the order confirmation.

If for any reason, for which it is responsible, ONSUAS is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting 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 absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he/she must contact ONSUAS to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to ONSUAS, ONSUAS will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User’s own choice of a delivery method other than 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 deemed to be 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 the User.

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

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when ONSUAS receives full payment of all amounts due in connection with 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 paid by ONSUAS.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or performance shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and duties under the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these could be borne by the User.

For other locations, other than the above, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at any given time will be applied; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by the User. For further information, the User should contact the customs office at destination.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting ONSUAS through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.

In any case, the User, before clicking on “buy and pay now”, has access to the space, cart, or basket where his purchase requests are noted and can make modifications.

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

8. RETURNS

In cases where the User acquires products on or through the Website of the owner, he/she is entitled to a number 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 cancel the purchase within 14 calendar days without justification.

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the ONSUAS Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making 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 ONSUAS of his decision. He/she may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that ONSUAS makes available as part of these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, ONSUAS will reimburse the User all payments received, 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 ONSUAS is informed of the User’s decision to withdraw.

ONSUAS will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, ONSUAS may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User may return or send the products to ONSUAS at:

Onsuas 10812

De Run 5303-A

Veldhoven

5503 LW

Netherlands

And it shall do so without undue delay and in any case not later than 14 calendar days from the date on which ONSUAS was informed of the withdrawal decision.

The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In the same sense governs the provision of a service that the User could hire on this Website, as this same law states that the right of withdrawal will not assist the Users 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 the recognition on his part that he is aware that, once the contract has been fully executed by ONSUAS, he will have lost his right of withdrawal.

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

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

In the following link you can download the Model withdrawal form: DOWNLOAD

Return of defective products or shipping error

These are all those 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 that, therefore, should contact ONSUAS immediately and let him/her know 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 on 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 of time, whether to proceed with the refund or, where appropriate, the replacement of the same.

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

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.

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

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, ONSUAS responding, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by ONSUAS and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and that they are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. To do so, the User must have retained all information regarding the warranty of the products.

However, to learn more about the After-Sales Service that ONSUAS offers to the Users of the Website, please click here.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, ONSUAS accepts no liability for the following losses, regardless of their origin:

• any losses that were not attributable to any breach by you;
• business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between the parties.

ONSUAS also limits its liability in the following cases:

• ONSUAS applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
• ONSUAS will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, ONSUAS is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
• Technical failures that for fortuitous or other reasons, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. ONSUAS puts all the means at its disposal in order to carry out the process of purchase, payment and shipment / delivery of products, however it disclaims liability for causes not attributable to it, fortuitous event or force majeure.
• ONSUAS will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, ONSUAS will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
• In general, ONSUAS shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
  • 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, airplanes, motor transport or other means of transportation, public or private.
  • Impossibility of using public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations will be suspended during the period in which the force majeure cause continues, and ONSUAS will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure cause. ONSUAS shall use all reasonable efforts to find a solution to enable it to perform its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Web Site, the User agrees that most communications with ONSUAS will be electronic (e-mail or notices posted on the Web Site).

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

The User may send notifications and/or communicate with ONSUAS through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, ONSUAS may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by ONSUAS of any specific legal right or action or failure by ONSUAS to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies under any contract or the Terms, or relieve the User from compliance with its obligations.

No waiver by ONSUAS 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 made and communicated to the User in writing.

12. VOID

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

13. ENTIRE AGREEMENT

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

The User and ONSUAS acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to ONSUAS in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (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 such information and data and declares that all information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Web Site and the contracts for the purchase of products through the same shall be governed by Spanish law.

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

16. COMPLAINTS AND CLAIMS

The User may send ONSUAS his/her complaints, claims or any other comments he/she may wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, ONSUAS has official complaint forms available to consumers and users, which they may request from ONSUAS at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between ONSUAS and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online 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/.

Date: 25/05/2022
Versión: V.1.0