Effective Date: July 15, 2021
TERMS AND CONDITIONS OF SALE OF WWW.palmaparis.COM PLEASE NOTE THAT THESE TERMS AND CONDITIONS OF SALE CONTAIN THE ADDITIONAL TERMS AND CONDITIONS REFERRED TO HEREIN BY REFERENCE. Please contact us if you believe there is an error in these terms.
These terms of sale govern how we deliver products to you, our valued customer. These Terms of Sale constitute a legally binding agreement between you and on behalf of Palamaparis and its subsidiaries and affiliates ("Palamaparis", "us", "our" and "we") with respect to orders placed for products available on www.palmaparis.com/ and the online store hosted by Shopify Inc.
We may change these Terms of Sale without notice by posting the revised Terms of Sale on the Website. The terms and conditions of sale stated on www.palmaparis.com/ at the time you place your order apply to your purchase. Please read these terms and conditions carefully and check that the details of your order are complete and correct before placing your order. The terms of use of Palmaparis are hereby incorporated by this reference. Please see our Privacy Policy for information about how we collect, use, and disclose information about you.
CONTENTS
1. TERMEN EN DEFINITIES
1.1 By placing an order, you agree to the terms and conditions set out below. If you do not agree to these terms, you will not be able to place an order.
1.2 IMPORTANT NOTE: We draw your attention in particular to article 9 ( RIGHT OF CANCELLATION; NO RETURNS; REFUNDS), Section 12 (PRICE AND PAYMENT) and Section 14 (DISCLAIMER AND LIMITATION OF LIABILITY). These provisions limit our liability to you and affect the way disputes are resolved.
3. HOW CAN YOU CONTACT US?
4. YOUR DATA
4.1 You confirm that all personal data you provide when you create an account with us or place an order is true, accurate, current and complete in all respects; and that you will promptly notify us of any changes to your personal information by updating such information in your online account. We only use your personal data as described in our Privacy policy.
4.2 You agree that you will not impersonate any person or entity, or use a false name or a name that you are not authorized to use.
5. YOUR ORDER
5.1 Before browsing, select the country of delivery and the desired currency for the payment so that the correct information is displayed on the screen.
5.2 To order products on the Website, click on the 'Pay Now' button at the end of the checkout process. You will be guided through the ordering process through a series of simple instructions on the website.
5.3 At checkout, you will be given the opportunity to review your order, including the country of delivery, and to make any changes before placing an order.
5.4 You will receive an order confirmation by e-mail with an overview of the products you have ordered. This email does not mean that we accept your order. The order acceptance takes place when your ordered products are shipped.
5.5 If we are unable to accept your order, we will notify you by email and will not charge you for the product. If we have already received payment before we did not accept your order, we will refund you. However, keep in mind that it can take up to 7 business days for the bank to transfer the funds to you.
Non-acceptance of an order can be caused by:
(a) the product is out of stock;
(b) we were unable to authorise your payment or your billing information is not verifiable;
(c) due to unexpected limitations on our resources, which we could not reasonably have anticipated;
(d) an error in the price or description of the product;
(e) in our sole discretion, the order appears to have been placed by dealers, resellers or distributors or otherwise appears to be fraudulent;
(f) your order is flagged by our security systems as an unusual order or an order that is susceptible to fraud;
(g) we were unable to deliver to the address you provided; or
(h) as a result of an event beyond our control (see below).
5.6 We will assign an order number to your order. It helps us if you can provide us with the order number when you contact us about your order.
5.7 The transaction is concluded in English.
5.8 The Website is solely for the purpose of selling Palmaparis products directly to end consumers. Therefore, the purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of an Palmaparis product by someone who resells, or intends to resell, the Palmaparis product to others (consumers, businesses, or third parties). If Palmaparis believes that you are involved in a purchase for resale, retains Palmaparis We reserve the right to take action against you, including, but not limited to, restricting sales to you, cancelling your orders, and/or suspending or closing your account.
6. CHANGING YOUR ORDER
6.1 Due to the nature and speed of the Palmaparis fulfillment process, once your order has been placed and payment has been processed, we will not be able to change the details of your order (such as delivery address, product type, or quantity). This does not affect your legal right to cancel as provided in clause 9.1. If you have any questions, please contact our customer service at hi-palmaparis@hotmail.com
6.2 If the products you ordered have already been collected from our warehouse for delivery, we will not be able to cancel your order. For unwanted products, you must follow the cancellation procedure as described in Article 9.1. If you want to add products to an order, you must place a new order.
7. OUR PRODUCTS
7.1 All orders are subject to acceptance and availability, which may vary depending on the shipping destination.
7.2 Each product purchased is sold subject to the corresponding product description. We will take all reasonable care to ensure that all details, descriptions and prices of products on the website are correct. However, we cannot guarantee the accuracy of the website and may occasionally contain inadvertent typographical errors, inaccuracies or omissions regarding pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders resulting therefrom.
7.3 The images of the products on our website are for illustrative purposes only. Your product and its packaging may differ slightly from the advertised images on the website, due to the color reproduction of your device.
7.4 If you have any questions or complaints about a product, please contact our customer service team via hi-palmaparis@hotmail.com.
8. DELIVERY
8.1 The list of countries we currently deliver to will be displayed during the checkout process. Delivery times vary by destination and will be confirmed to you once the product has been shipped.
8.2 Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays in shipping. If we are unable to ship products within the specified time or thirty (30) days after a properly completed order, we may ask you for consent for a delay in shipping. If you do not receive this authorization, we will cancel your order and issue a refund within seven (7) business days, including shipping costs.
8.3 It is your responsibility to provide us with a complete and accurate delivery address. We will not be liable if you provide us with incomplete or incorrect information.
8.4 You will pay all shipping and handling costs mentioned during the order process. Shipping and handling charges are a fee for the costs we incur for the processing, processing, packaging, shipping and delivery of your order. The delivery costs are displayed on our website before you place your order. Check it carefully; You agree to these charges when you place your order.
8.5 When your product leaves our warehouse, we will send you a shipping confirmation by email. Please note that products may arrive in separate packages and a signature may be required. The estimated delivery time will be confirmed to you in your shipping confirmation by email. If we do not meet this delivery time, you have the right to cancel your order by sending an e-mail to hi-palmaparis@hotmail.com. We may contact you to offer an alternative refund and redelivery solution for your products. If you do not authorize an alternative, we will refund all amounts paid, including shipping costs, within fourteen (14) working days from the date on which your order was terminated due to non-delivery.
8.6 You are responsible for a product from the moment we deliver it to the address you have provided. The risk of loss and title to purchased products pass to you upon delivery.
9. RIGHT OF CANCELLATION; No returns; Refunds
9.1 All sales are final, non-cancellable and non-refundable, except as specified in clause 6, clause 8 and clause 9.2. We do not accept returns of products.
9.2 You are entitled to a refund if the product arrives damaged. This is without prejudice to your statutory rights. If your claim is justified, the purchase price and shipping costs will be refunded. You can request a refund by contacting customer service by sending an email to at hi-palmaparis@hotmail.com, within forty-eight (48) hours of delivery. We may request photos of the product and a copy of your confirmation email.
9.3 Any refunds will be made based on the original payment method. If you paid by bank transfer, you will need to provide this information to our customer service team when you request the return so that we can refund the money directly to your account.
9.4 For refund requests, please contact our customer service team by sending an email to hi-palmaparis@hotmail.com and include the following information:
(a) your name;
(b) your geographic address;
(c) the order number and the reason for the request;
(d) your telephone number; and
(E) E-Mailadres.
10. OUR ONLINE STORE
10.1 Our store is hosted by Shopify Inc. It provides our online e-commerce platform that allows us to sell our products to you. Shopify processes your order request and payment. See Section 12 below for more information on payments. By placing your order, you agree to Shopify processing your order.
10.2 Your data is stored through Shopify's data storage, databases, and general Shopify application. Your data is stored on a secure server behind a firewall. Consult us privacy policy for more information . Please also read Shopify's privacy statement ( https://www.shopify.com/legal/privacy ).
11. SHORTENING
11.1 You can only use one discount code per order. We reserve the right to refuse or cancel orders where you add more than one discount code to your basket. Discount codes may only be used under the conditions under which they were issued. These terms may include your right to use them and a maximum order value.
11.2 Discount codes and other offers are subject to the Conditions , these Terms of Sale and any additional terms specific to the offer. If there is a conflict between the terms of an offer and these Terms of Sale, the terms of the offer shall control.
12. PRICE & PAYMENT
12.1 The price of the product is the price stated in the email confirmation we send you after completing your online order. Despite our best efforts, it is always possible that some of the products we sell online are incorrectly priced.
12.2 The product prices on the Website are in US dollars and are only valid and effective in the United States. The product prices on the website may change from time to time. These prices do not include shipping and handling costs and exclude any sales tax. You are responsible for any state and local sales taxes that may apply to your order. These will be added to the total invoice amount during checkout.
12.3 If you choose to pay by payment card with an account in a different currency than the currency of your order, additional fees and exchange rate differences may apply. These fees and exchange rates are beyond our control.
12.4 Depending on the location of delivery, you may pay local import duties and additional charges upon receipt. You are responsible for any import duties and customs clearance charges (if applicable) in your country and should check with your local authorities.
12.5 You can find the available payment methods during checkout. We accept payments with Klarna, Visa, Mastercard, American Express, Ideal, Bankcontact, Apple Pay, Google Pay and Shop Pay. Credit card payments, including recurring payments, are handled through third-party payment processors. These third-party payment processors collect and store your credit card information in order to process your payment. Consult us privacy policy for more information .
12.6 If you choose to complete your purchase through a direct payment gateway, Shopify Inc. will store your credit card information. These are encrypted according to the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data will only be retained for as long as necessary to complete your purchase transaction. Upon completion, your purchase transaction data will be deleted. All direct payment gateways meet PCI-DSS standards, as managed by the PCI Security Standards Council, a joint effort of brands such as Visa, Mastercard, American Express, and Discover. The PCI-DSS requirements contribute to the secure processing of credit card information by our store and its service providers.
12.7 You must pay the full amount when placing your order. You'll be charged when you click the "Pay Now" button at the end of the checkout process.
12.8 By placing your order and making an offer to purchase a product, you authorize us and Shopify Inc. to send information (including updated information) about you or obtain information about you from third parties from time to time. This may include verification checks on your debit or credit card number or credit reports, for example, to verify your identity.
12.9 You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use the credit card for the purchase, (iii) the charges you incur will be honored by your credit card issuer, and (iv) you will pay the charges you incur at the prices listed, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount indicated on the website at the time of your order.
13. PRODUCT RESTRICTIONS
13.1 There may be occasions where we are unable to supply a product due to restrictions (legal or otherwise) or practices in relation to a product. We will not be liable for any products that we are unable to sell or supply to you as a result of such restrictions. If a restriction comes into effect after you have placed your order with us, we will do our utmost to notify you as soon as possible.
14. DISCLAIMER AND LIMITATION OF LIABILITY
14.1 ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF ACTION, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
14.2 IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR PUNITIVE DAMAGES, LOSS OF PROFITS OR REVENUE OR DIMINISHED VALUE, ARISING OUT OF OR IN CONNECTION WITH AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, WHETHER OR NOT (A) SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED.
14.3 OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON WHATSOEVER, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
14.4 The limitation of liability set out above is: (i) applicable only to the extent permitted by law and (ii) does not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or personal injury resulting from our acts or omissions.
. DELAYS AND EVENTS BEYOND OUR CONTROL
15.1 We will not be liable for any delay or failure to perform our obligations under these terms and conditions if the delay or failure arises from any cause beyond our reasonable control. If our delivery of the products is delayed due to an event beyond our control, we will contact you to notify you. If we do this, we will not be liable for delays caused by the event. However, if there is a risk of significant delay, you can contact us to terminate the contract and receive a refund for any products you have paid for but have not received. Nothing in this Section 15 shall limit your statutory rights or any rights under Section 8.2.
16. AGE RESTRICTIONS
16.1 When you place an order for a Product, you represent that you have reached the age of majority in the country, state or province in which you reside.
17. VERBREKING
17.1 If any part of the Terms of Sale is held to be unlawful, void or for any reason unenforceable, then the relevant provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of the Terms.
18. DISTANCE
18.1 If we waive any rights, this will not be construed as a waiver of any subsequent breach of any provision.
19. ENTIRE AGREEMENT
19.1 These Terms of Sale (including all terms and policies contained herein) constitute the entire agreement between you and Palmaparis in relation to your transaction for the purchase of products.
20. LAW AND JURISDICTION
20.1 These Terms of Sale, any documents to which they refer and any dispute arising out of or in connection with them or the documents to which they refer, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of Belgium in the State of Antwerp, without application of any choice or conflict of law provision or rule (whether of the State of Antwerp or any other jurisdiction) which would affect the application of the laws of any jurisdiction other than those of the State of California.
The Court of First Instance of Antwerp shall have exclusive jurisdiction over any claims or disputes arising out of or in connection with these Terms and Conditions of Sale.
21. THIRD PARTIES
21.1 No one else shall have any rights under this Agreement. This Agreement is between you and us. No one else has the right to enforce its provisions.
22. AMENDMENT
22.1 We reserve the right to amend these terms and conditions from time to time. However, changes do not apply to orders placed before the change was made.
23. NOTICES
23.1 We may provide you with notices under these Terms of Sale by: (i) sending a notice to the email address you provide or (ii) by posting it on the Site. Email notices are effective at the time we send the email, and notices we send by post are effective at the time of posting. It is your responsibility to keep your email address current.
23.2 Except as specifically provided in these Terms, in order to notify us of these Terms of Sale, you must contact us at: hello-ohbeauties@hotmail.com. We may update the address for notices to us by posting a notice on the website. Notices delivered in person are effective immediately. Notices sent by courier will be effective one business day after being sent. Notices sent by certified mail are effective three business days after they are sent.
PRIVACY POLICY
ARTICLE 1: PURPOSE
The purpose of this privacy policy is to inform Internet users about the collection and processing of data by Palmaparis, as well as about the data collected during your browsing on the site www.ohbeauties.com.
ARTICLE 2. DEFINITION
Personal Data Any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); An "identifiable" means a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
Processing Any operation or set of operations, whether or not by automated means and applied to data or sets of personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
File Any structured set of personal data that is accessible according to certain criteria, whether this set is centralized, decentralized or functionally or geographically distributed.
Data controller The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing.
Processor Natural or legal person, the public authority, agency or other body that processes personal data on behalf of the controller.
Recipient (partner) The natural or legal person, public authority, agency or other body that receives communication of personal data, whether or not it is a third party.
Interim archiving This includes isolating the data in an interim archiving database, separate from the active database with limited access, to the extent that:
There is a legal obligation to keep the data for a certain period of time;
In the absence of any retention obligation, this data is nevertheless of administrative importance.
Cookies Connection cookie equivalent to a text file that is stored on the user's terminal when consulting the site www.palmaparis.com. The cookie file can only be read by the issuer of the cookie.
ARTICLE 3. ACCEPTANCE OF THE PRIVACY POLICY
The Internet user must read and accept the privacy policy, in particular when placing an order on the Palmaparis site.
ARTICLE 4. DATA COLLECTED AND PURPOSES
Palmaparis collects the following personal data for the following purposes:
In order to enable you to create your personal online account on the Palmaparis website, we collect your surname, first name, email address and password.
In order to give you access to your account later (manage your access), we collect your email address and password.
To enable you to place an order, whether one-time orders or subscriptions, we collect your last name, first name, postal address, email address, and phone number.
4. Subscriptions
4.1 Subscription. For each subscription, the Customer must click on "Buy with subscription" on the Website and validate their subscription when ordering. The Client receives the delivery and the amounts due are debited according to the formula chosen by the Client on the Website.
4.2 Unsubscribing. The subscriptions are without obligation. The Client may cancel his subscription at any time, directly via his online account, by sending the Company a simple request by email or telephone. The cancellation takes effect 30 days after receipt of the request for deregistration. Consequently, any order that runs during the notice period will be fulfilled by the Company. The Customer cannot obtain a refund for the order placed after the request for cancellation, even if the Customer unilaterally decides to return the Products received.
It is recalled that, in accordance with article L.221-18 of the Consumer Code, the fourteen-day withdrawal period set out in article 10.2 of these GTC, for a subscription with regular delivery of goods, only runs from the receipt of the first good.In order to pay for your order and/or subscription, our payment service provider collects your bank details. Your credit card numbers are encrypted and Palmaparis does not have access to them.
In order to guarantee the delivery of the product(s) ordered, we process the same personal data as that collected to place an order, with the exception of bank details.
To manage the relationship with customers when you contact Palmaparis through the online contact form (we collect your name, email address and all the personal data you enter in the message), through our contact email address Hello-ohbeauties@hotmail.com (we collect your email address and all the personal data you enter in your message), through our official pages on social networks.In order to process your request for unsubscription, we collect your surname, first name,
Prices
5.1. Applicable rates. The Company may be obliged to change its prices at any time, but the Products will be invoiced to the Customer at the rates indicated on the Website at the time the Customer places the order.
The prices indicated on the Website:
are expressed in euros including VAT;
are exclusive of shipping costs, subject to the provisions of articles 7.3 to 7.5 of these General Terms and Conditions.
5.2. Characteristics of the tariffs. The prices are fixed and cannot be revised during their period of validity, as indicated on the website. However, if one or more taxes or contributions are introduced or modified, up or down, this change may be reflected in the sale price of the products on the website and on the various sales media.
Section 5.3. Invoice. An invoice is issued by the company and handed over to the customer after the order. The customer can also request to receive the invoice by email by contacting the company via hi-palmaparis@hotmail.com.