GENERAL CONDITIONS OF USE AND CONTRACTING

These General Conditions of use and contracting (hereinafter, Conditions) regulate the use of and access to the valycosmetics.com website (hereinafter, the Website), owned by SKIN DIGITAL VENTURES, SL (hereinafter, Valy) for users of the Website (hereinafter, User or Users) as well as the contractual transaction relationship between Valy and the User during the process of purchasing the products offered by Valy via the Website.

Access to the Website implies knowledge and acceptance of these Conditions as well as being of legal age and being in full mental faculties for the possibility of acquiring any of the products available on the Website.

ACCESS AND REGISTRATION

The User guarantees that all the information about their identity voluntarily provided when accessing Valy in its forms are true, accurate and complete. In the event that the User provides any false, inaccurate or incomplete data or if Valy considers that there are well-founded reasons for doubting the veracity, accuracy and integrity of the same, Valy may deny them access and present or future use of the Website or of any of its contents and/or services.

OBLIGATIONS OF THE USER

The User is responsible for having the services and equipment necessary for Internet browsing and for accessing the Website. In the event of any incident or difficulty in accessing the Website, the User may inform Valy, who will proceed to analyze the incident and give the User instructions on how to resolve it in the shortest possible time.

The User is fully responsible for the access and correct use of the Website and its contents and services subject to current legislation, whether domestic or international, as well as the principles of good faith, morality, custom and practice and public order. And specifically, they acquire the commitment to diligently observe these Conditions.

Users shall refrain from using the Website for illicit purposes or effects and which are damaging to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Website, its contents and its services. Likewise, it is forbidden to prevent the normal use or enjoyment of the Website by other Users.

Valy cannot be held responsible for publishing, and expressly declares it he does not identify with any of the opinions that may be expressed by Users of the Website, for whose consequences the issuer of the same takes full responsibility.

Those who fail to comply with these obligations will be liable for any damage or harm they may cause. Valy will not be liable for any consequences, damages or harm that may arise from said access or illegal use by third parties.

In general, the User undertakes, including but not limited to, to:

o not use the Website for illegal or unauthorized purposes;

o not host, store, disseminate, publish, distribute or share any content that may involve an illegitimate interference or violation in any form of the fundamental rights to honour, image and personal and family privacy of third parties and, especially, of under age persons;

o not publish in any section of the Website or in their profile or that of any other User any comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;

o not alter or modify, totally or partially, the Website, bypassing, deactivating or manipulating the functions or services thereof;

o not infringe the rights of industrial and intellectual property or the regulations governing the protection of personal data;

o not use the Website to insult, defame, intimidate, violate their own image or harass other Users;

o not access the email accounts of other Users;

o not introduce computer viruses, defective files, or any other computer program that may cause damage or alterations to the contents or systems of Valy or of third parties;

o not send emails on a massive and/or repetitive basis to multiple persons, or send email addresses of third parties without their consent;

o not perform advertising actions of goods or services without the prior consent of Valy.

Any User may report any other User whom they consider to be in breach of these Conditions, land similarly all Users may inform Valy of any abuse or violation of these conditions, via the email [email protected] Valy will verify this report, as soon as possible, and will adopt the measures it deems appropriate, reserving the right to withdraw and/or suspend any User of the Website for breach of these Conditions. Valy further reserves the right to withdraw and/or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.

RESPONSIBILITY OF VALY

Valy does not control nor will it be held responsible for contents uploaded to the Website by Users, the latter bearing sole responsibility for the legal appropriateness of said contents.

Valy has no obligation to control and does not control the use which Users make of the Website and, therefore, does not guarantee that Users use the Website in accordance with the provisions of these Conditions, nor that they make diligent and prudent use thereof. Valy has no obligation to verify and does not verify the identity of Users, nor the veracity, validity, completeness and/or authenticity of the data they provide.

Valy excludes any liability for damages of any nature that may be due to the unlawful use of the Website by Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that Users provide other Users about themselves and, in particular, although not limited to, for damages and losses of any nature that may be due to the impersonation of the personality of a third party made by a User in any kind of communication made via the Website.

Notwithstanding the foregoing, Valy reserves the right to limit, in whole or in part, access to the Website to certain Users, as well as to cancel, suspend, block or delete certain types of content, through the use of suitable technological instruments to that effect, if it had effective knowledge that the activity or information stored is illegal or injures property or rights of a third party. In this sense, Valy may establish the necessary filters in order to prevent illegal or harmful contents from being uploaded to the network.

Valy will not be responsible for service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, or for interruptions of the Internet network or for any other reason beyond its control.

Valy takes no responsibility for any security errors that may occur nor for any damage that may be caused to the User‘s computer system (hardware and software), or to the files or documents stored therein, as a result of:

o The presence of a virus in the User‘s computer system or mobile terminal being used for the connection to the services and contents of the Website;

o A malfunction of the browser; as well as the use of non-updated versions thereof.

PURCHASING PROCESS

The User may access the acquisition of the products offered by Valy via the Website by entering the requested data on the corresponding form on the Website’s shopping portal. Subsequently, the User must follow all the steps of the purchase procedure specified by the Website.

Likewise, the Website purchase portal will inform the User, once the purchase procedure is completed, via email, of all the relevant characteristics of the product purchased. Should the User not receive the confirmation email within twenty-four hours of completing the purchase, it will be the User‘s responsibility to confirm approval of the transaction to Valy.

The prices of the products offered on the Website include Value Added Tax (VAT/IVA) or any other taxes that may be applicable and in all cases will be expressed in Euros (€).

Orders placed on the Valy Website will be governed by the prices offered for each product at the time of ordering. The prices applicable will be those published automatically during the purchase process in the last phase of the purchase. The User will always be informed of the final price of the acquisition of a product prior to the completion of the purchase portal.

PAYMENT METHODS

The User may make the payment by selecting one of the payment methods available on the Website (card, instalments, bank transfer, PayPal). Some payment methods may incur a surcharge on the final price in which case the User will be informed in advance.

Specifically, the User must take into account the following:

o Payment by card: The User may make the payment of their order by debit or credit card. The Website uses the payment portal of an external provider (BancSabadell), which is however integrated into the Valy Website.

o Payment by transfer: The User must make the transfer to a BancSabadell bank account, to be indicated at the end of the purchase process. The User, at the time of the transfer, must indicate in the description of the transfer the order number to be provided by Valy at the end of the purchase process. The User is aware and accepts that the method of payment by transfer may imply a delay in the delivery of the order, since Valy will not initiate the preparation of the shipment until it has verified that the amount transferred coincides with the exact amount of the order. Valy will not assume any type of cost for possible bank commissions that may be applicable, so the User must take responsibility for such commissions.

o Payment in installments: The User has the option to pay the amount of a product purchased on the Website by instalments using the service offered by the Aplázame platform (www.aplazame.com). This service is not provided by Valy, and Valy merely facilitates its contracting via the Website. Therefore, the User is subject at all times to the fulfillment of the particular conditions of this service without Valy intervening in the contracting or assuming any responsibility derived from the contracting of the same by the User.

Finance your purchase instantly with Aplázame. Buy now and pay later. At [name of your shop] we wish to help you purchase things which make you be and feel better. You can now finance your purchases in our store with Aplázame. It is fast, simple and safe. Choose your product, select Aplázame as the payment method at the end of the purchase process, choose the number of instalments you would like and the day of the month you wish to pay on. Aplázame will grant you the credit instantly. Using just your email, mobile phone and DNI number. No paperwork and no small print. What you see is what you pay, not a cent more! Financing conditions: – When applying for the loan you will be asked; to make an initial downpayment. The amount of your loan will be the amount of your shopping card minus that downpayment. That is the amount we will finance in the number of instalments you choose. For example, 6-month financing will involve 7 payments, one at the time of granting the credit and 6 payments in each of the 6 months following the purchase. – Payments are charged to the card provided by the customer to Aplázame. – The SMS sent by Aplázame for the processing of the credit application is cost-free to you.

o Payment via PayPal: The User may use the PayPal platform as a payment portal for the amount of the product purchased on the Website. Valy will not charge any extra for the use of this payment method.

o Cash on delivery: The User may pay the amount at the time of delivery of the product at the User‘s address. This payment method entails a surcharge of FOUR percent (4%) on the total price of the order placed on the Website.

Any payment made to Valy will entail the issuance of an invoice in the name of the User according to the data provided during the contracting portal, which will be sent by email to the address provided by the User.

(*) You may finance your purchases and pay them in instalments with Cetelem España, BNP Paribas group.

You may buy everything you want from € 120 or with a minimum monthly payment of € 12. In addition you do not start paying until at least 10 days after formalizing the purchase.

To request financing, make your purchase and select the financing option as a form of payment, from where the Cetelem financing process begins. 100% digital, fast, simple and convenient.

Sign your contract digitally using a PIN which we will send to your mobile phone and directly attach the documentation requested in the process.

The documents needed are:

1) DNI (both sides) or residence card (for resident foreigners)

2) Proof of income (employees: latest payroll/freelancers: latest income statement/pensioners: pension revaluation letter).

3) First page of the Bank Book or a domiciled receipt containing the IBAN code. The contract holder must be a bank account holder.

If you are already a Cetelem customer you will only need your ID and have your mobile phone at hand. Without filling out forms or sending documentation.

TRANSPORT AND SHIPPING OF PRODUCTS

Transport of products purchased via the Website is included in the price unless otherwise expressly stated prior to the end of the purchase process. The transport service offered by Valy does not include any assembly service for products purchased via the Website.

Products purchased before 3:00 pm will be delivered through the “Free 1-day delivery” service consisting of delivery to the User‘s address during the afternoon of the following day, except weekends and holidays, when delivery will be made on the second day immediately following the last day of the holiday. In the case of shipments to the Balearic and Canary Islands, please see “Shipping and returns”.

However, the User must bear in mind that although Valy puts its best effort to ensure that the “Free 1-day delivery” service works properly at all times, occasionally and for reasons beyond the control of Valy, the order may be slightly delayed, but in no case exceeding a period greater than five business days.

In any case, in the event that Valy fails to meet the specified delivery date within 5 business days, the User may choose to cancel the order and Valy will proceed to refund the purchase amount bt the same medium used during the purchase, in the shortest possible time. In no case shall clause be considered to have been breached by Valy when the order has been delayed at the User‘s will or it has not been possible to locate the User at the address specified for the delivery of the product or via the means of contact provided by the User.

RETURNS, CHANGES AND CANCELLATIONS

For the return of the rest of Valy products, the User must take into account that in accordance with the provisions of article 103 e) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios (General Law For the Defence of Consumers and Users), the right of cancellation does not apply to sealed goods that are not suitable for return for reasons of health or hygiene protection and that have been unsealed after delivery. Valy may therefore deny the return of a product by the exercise of cancellation by a User if the product is returned in an obviously deteriorated way owing to causes that go beyond the mere verification of the characteristics and the good condition of a product.

Once Valy receives the product and verifies that it is in correct conditions as expressed above, it will proceed to return the amounts paid by the User as soon as possible and in the same means of payment used by the User in the purchase, within fourteen (14) calendar days following receipt of the returned product.

In the event that the returned product had been purchased accompanied by a promotional gift, the latter must be returned together with the main product. Valy reserves the right to offer the customer a certain price so that, instead of returning the gift received, the customer may purchase it.

UPDATE AND MODIFICATION OF THE WEBSITE

Valy may modify these Conditions at any time by email or by publishing the modified terms on the Website. All modified terms will automatically take effect 30 days after they have been published.

Likewise, Valy reserves the right to carry out, at any time and without prior notice, updates, modifications or deletion of information contained in its Website in its configuration and presentation and access conditions, without assuming any responsibility therefor.

INTELLECTUAL PROPERTY

Valy is the owner or licensee of the intellectual and industrial property rights regarding the texts, graphic design, source code and all other content of the Website protected under the laws of intellectual and industrial property. As a result, Valy is solely responsible for the exploitation rights of the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation concerning intellectual and industrial property rights.

The authorization to the User to access the Website does not imply any waiver, transmission, licence or total or partial transfer of intellectual or industrial property rights by Valy.

It is forbidden to delete, bypass or manipulate in any way the contents of the Valy Website. It is also forbidden to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in the Valy Website for public or commercial purposes, except with the express and written authorization of Valy or, where appropriate, of the owner of the applicable rights.

Any User who proceeds to share any type of content via the Website grants Valy a non-exclusive, free and worldwide limited licence to reproduce and publicly communicate said content via the provision of the Website services.

 

PERSONAL DATA PROTECTION.

In compliance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of this data and its regulations development, VALY informs the user that the personal data you provide will be processed in order to facilitate access to our application and provide our services.

When the user accesses our WEB and/or acquires our products, they are giving their express consent for the processing of their personal data, and agree to receive information and news about our products, promotions and/or personalized discounts.

Purposes based on compliance with legal obligations:

To comply with the legal obligations obtaining to VALY, it will be necessary to handle personal data on invoices and related documents, the addresses of our customers in order to send the purchased products, credit and/or debit card data as a means of payment used, the customer’s bank account details when provided in order to make the payment for the product or when charging to the account has been authorized, as well as in order to be able to respond to complaints both from customers and from the Public Authorities.

Once the payment is made, the transaction data will be recorded to finalize the order. For tax purposes, VALY is obliged to keep the details of the invoices, as well as the documents related to them, such as requests for duplicate invoices or VAT refunds, for ten years.

In some cases it is necessary to provide information to the Authorities or third companies for audit purposes, as well as to the carrier of the products purchased. Likewise, the data may be necessary to resolve claims in the legally established time, as well as when spare parts of the items are supplied.

When making an online purchase, your transaction data will be recorded in order to process the payment. For tax purposes, VALY is obliged to keep the details of each purchase for ten years.

VALY stores the data about your purchases in order to answer any queries regarding the warranty, to address the same, as well as other questions or complaints about the product. The information is stored for a period equivalent to the product warranty. The user may, however, at any time, request access, rectification or deletion of their personal data, as well as to limit or oppose their treatment, or exercise their right to portability.

In order to deliver the goods, VALY needs your shipping address, email address and telephone number in order to keep you informed of the delivery and carry it out. For the correct management of your order, it will occasionally be necessary for VALY to communicate your data to the carrier that will deliver your order. This assignment will be made only when strictly necessary to provide the requested service. The user is informed and consents to this communication.

In no case will VALY use the personal data of the interested parties for purposes other than those mentioned above, and undertakes to keep professional secrecy and to establish the necessary technical and organizational measures to safeguard the information in accordance with the requirements established in said Regulation.

If you consider that your rights are not being respected regarding the processing of your data you have the right to file a claim with the Agencia Española de Protección de Datos (Spanish Agency for Data Protection).

Details of the person in charge: SKIN DIGITAL VENTURES, S.L. – Plaza Pau Vila, 1 (Edificio Palau de Mar), 1a Planta, Sector AD, Oficina 1AD, 08039 Barcelona, holder of NIF number B67331629/ [email protected] .

INDEPENDENCE OF THE CLAUSES

If any of the clauses of these Conditions were void of full right or voidable, it shall be considered null. Such declaration of nullity will not invalidate the rest of the Conditions, which will maintain their validity and effectiveness between the parties.

If any clause of these Conditions is declared, totally or partially, to be null or ineffective, such nullity or ineffectiveness will affect only such provision or the part of it that is null or ineffective, and the Conditions will remain in force in all other respects, taking everything else in said disposition or the part of it that is affected to be null.

APPLICABLE LEGISLATION

These Conditions will be governed by Spanish legislation, which will be applicable in that which is not provided for in these Conditions regarding interpretation, validity and execution. Both parties also submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona.

The European Commission has recently made available to consumers in the European Union an online dispute resolution platform to resolve disputes occurring in electronic commerce in a friendly manner (Article 14 paragraph 1 Regulation (EU) 524/2013) and therefore Website Users have the right to submit claims at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES.