Terms and Conditions of Sale

This document (together with all the documents indicated herein) establishes the conditions governing the use of www.arkhecosmetics.com (hereinafter the 'Website') and the purchase of Products on the same (hereinafter the 'Conditions'), whatever the application, digital media, support or device through which it can be accessed. Please read these Terms and Conditions carefully and the Privacy Policy before using the website. By using this website or placing an order through this website, you agree to be bound by these Terms and Conditions and by our Privacy PolicyTherefore, if you do not agree with all of the Terms and Conditions or with the Privacy Policyyou must not use this website or place any order.

These Conditions may be modified. It is your responsibility to read them every time you make a purchase through the website, since the conditions in force at the time of conclusion of each Contract, at the time of use of the website, will be those that apply to you. Hereinafter, we inform you that we will also refer to you indistinctly as 'Buyer' and/or 'Consumer'.

1.- WHO ARE WE?

The sale of Products through this website is carried out by COSMETICS MYSALON, S.A., (hereinafter also referred to as the 'Seller'), a company duly incorporated under the laws of the Kingdom of Spain, with CIF number A65619959 and domiciled at Avenida del Vallès, nº 32, Polígono Industrial Cantallops, Llissá de Vall, 08185 Barcelona, Kingdom of Spain.

We inform you that you may also contact us through the following channels (hereinafter 'Customer Service'):

E-mail: info@arkhecosmetics.com
Telephone number: (+34) 938 608 111

2.- USE OF OUR WEB PAGE

By making use of this website and placing orders through this website, the Buyer agrees to:

• i.- Make use of this website only to make legally valid inquiries or orders.

• ii.- Not to place any false or fraudulent order. If it could reasonably be considered that such an order has been placed, the Seller may cancel it and inform the relevant authorities.

• iii.- Provide us with your e-mail address, address and/or other contact details in a truthful and accurate manner. Furthermore, the Buyer consents that the Seller may use such information to contact him/her under the conditions and within the time limits set forth in our Privacy Policy.

The Products on the Website are intended for the exclusive and personal use of the Buyer and/or User (B2C), and therefore must not be related, in any way, to his/her professional occupation and/or business activity, expressly including the resale of Product/s to third parties.

Any order exceeding ten units of any reference and/or Product may be considered invalid and, in any case, the Seller may reject any order in excess.

By placing an order through this website, the Buyer declares to be over 18 years of age and to have legal capacity to enter into contracts. Minors may not make purchases through the website.

3.- PRODUCT AVAILABILITY

The Products offered through this website are only available for shipment within the Kingdom of Spain, except for the Canary Islands, Ceuta and Melilla.

4.- PRODUCT UNAVAILABILITY

Product availability and product descriptions may vary according to location and time.

All orders are subject to product availability. In the event that Seller has confirmed the order, and delivery of any product is not possible due to unavailability, Seller will inform Buyer and give Buyer the option to (i) take delivery of only a portion of its order without the Product(s) that are not available on the date of the order, or; (ii) cancel its entire order. In such event, Buyer must confirm, within FORTY-EIGHT (48) business hours (excluding weekends and holidays) after receipt of the referenced email, which of the two options it will take.

After the period indicated above has elapsed and if no confirmation is received from the Buyer, the Seller will proceed with the partial delivery of the order. The final amount of the order will be charged minus the price of any Product not available and not delivered. If the total amount of the order was charged in full at the time of order confirmation, Seller will reimburse Buyer for the amount of the undelivered Products, using the same method of payment used by Buyer for the reimbursement.

5.- HOW TO PLACE AN ORDER

To place an order, the Buyer must first access the Web Site.

The Buyer will be able to view the various Products offered for sale on the date he/she browses the Site and select his/her Products by browsing the various Product categories.

While the Buyer is browsing the Website, he/she can select the Products and add them to the shopping cart by clicking on the dedicated button. For each Product you will be able to see the Price.

The Buyer, at any time, may continue browsing or click on his/her shopping cart to view the contents of the cart, which will show all the Products he/she has selected.

The Buyer may supplement, modify or cancel such order, until it finally confirms it. When he/she has finished selecting the Products, he/she may place the order by clicking on the button provided for this purpose.

A new page will be displayed, prompting the Buyer to:

• Registered users: Enter the user name (e-mail address) and password (chosen at the time of registration) or;

• NON-registered users: Fill out a form accurately: your first and last name, e-mail address, phone number and billing/delivery address.

The Buyer shall complete the form in good faith, thereby acknowledging that the data included in the form is correct and constitutes valid evidence of his identity. Your personal data will be treated in compliance with our privacy policy. Privacy Policy.

Before clicking on the designated button to access the payment of your order, the Buyer must first read these Terms and Conditions and the Privacy Policy. You must then confirm that you accept them by completing an express acceptance confirmation action required on the web page (e.g., by checking a box).

The amount to be paid will be as indicated in the order confirmation shown on the website and then sent by email.

The order will not be approved unless (i) you agree to the Conditions and the Privacy Policy(ii) the validity of the payment is verified and confirmed; and (iii) confirmation of acceptance of the order has been sent to you at the indicated email address. In any event, Seller reserves the right to refuse any order or delivery in the event of (i) any breach of these Conditions; (ii) any existing dispute with Buyer; (iii) any failure to pay in whole or in part for any order; and/or (iv) payment is refused by the bank.

Upon acceptance of these Terms and Conditions and the Privacy PolicyIf you do not have a credit card, a web page dedicated to the payment of the order will be opened.

If you select card payment, you will be automatically connected to the Redsys e-money server. The payment service provider's server is protected by a Secure Socket Layer (SSL) encryption process designed to protect, as efficiently as possible, all data related to the payment methods and to ensure that your bank details are never crossed with our systems, so that the Seller shall at no time be responsible for the information transmitted in the payment processing.

Electronic records shall constitute the valid and necessary evidence for all transactions performed.

Upon payment, the Buyer will receive an e-mail acknowledging receipt of his order (the "Order Confirmation").

6.- PRICE AND PAYMENT

The prices on the website include VAT, but exclude shipping costs which, if applicable, will be added to the total amount due, as indicated in the 'Shipping Costs' section.

Prices may change at any time, but any changes will not affect orders for which the Seller has already sent an Order Confirmation.

To make the purchase, the Buyer may pay by PayPal, Google Pay, Apple Pay, Visa, MasterCard or American Express cards. When the chosen payment method is by card, the Buyer must enter the card number, expiration date, cardholder's name and security code.

By clicking on "Authorize Payment", the Buyer is confirming that the card is theirs or they are authorized to use it.

To minimize the risk of unauthorized access, your card details will be encrypted. The cards will be subject to checks and authorizations by the issuing bank, so that if the financial institution does not authorize payment, the Seller shall not be liable for any delay or failure in delivery and the contract with the Buyer shall be deemed not to have been formalized.

In case of payment through PayPal, Google Pay and/or Apple Pay, it is necessary to consult their conditions and terms before placing any order through the Website. In this regard, the Buyer is informed that PayPal, Google Pay and/or Apple Pay are payment platforms totally unrelated to the Seller, so the latter shall not be liable for their operation and/or any damage/damage that may occur to the Buyer due to their use.

7.- DELIVERY

a) Terms of delivery

When the order is ready, it will be shipped to the postal address indicated by the Buyer during the registration of his order.

Products will be shipped by postal mail or through the courier service chosen by Seller (hereinafter referred to as the 'Carrier'), as the case may be and/or in accordance with the delivery options selected or available at its location. In the event that, during the scheduled delivery process, the Buyer is not at the address indicated for delivery, the Carrier will, where possible, leave a delivery notice in the Buyer's mailbox and the Buyer must contact the Carrier to reschedule delivery of his order. In the event of failure to contact the Carrier, the Carrier will make one more delivery attempt, at a date and time to be determined at its discretion.

The carrier will therefore make 2 attempts to deliver the package, in the event that none of these attempts is possible to deliver the order, the package will return to the Seller's distribution center and, after contacting the Buyer, the delivery will be rescheduled, in which case the Buyer will be charged for any additional shipping costs that may be incurred.

b) Delivery period

Orders will be delivered within an estimated FOUR (4) business days (excluding weekends and holidays). It is again noted that an order will not be shipped unless there is confirmation of payment and product availability.

Notwithstanding the above, in certain promotions or campaigns such as Black Friday or Christmas and in new product launches, the delivery time may be affected and delays of up to 15 calendar days may occur.

If not delivered within such period, Buyer shall have the right to cancel its order in accordance with the terms set forth in the "Late Delivery" section.

c) Shipping costs

Shipping costs for purchases over 30⬠are totally free. For purchases under 30â¬, the applicable shipping costs are 6⬠per order.

d) Late delivery/extra shipment

In case of late delivery, i.e. after fifteen (15) days from the day of order confirmation, the Buyer may cancel the order and receive a refund of the total cost of the order (including shipping costs) by contacting Customer Service.

Also, in case of loss of the order during the delivery process, the Buyer shall have the right to request the cancellation of the order, as well as to receive a refund of the total cost of the order (including shipping costs), using the same payment method used by the Buyer, except when it is proven that the loss, misplacement or impossibility of delivery is due to causes attributable to the Buyer.

If the system is enabled in the Buyer's delivery area, the Buyer may track his order through the Carrier's tracking system and/or through Customer Service:

E-mail: info@arkhecosmetics.com
Telephone number: (+34) 938 608 111

e) Receipt

A delivery shall be deemed to have been made as soon as the Carrier makes the Product(s) available to the Buyer or a third party designated by the Buyer.

It is the Buyer's responsibility to check the quantity, quality, compliance and completeness of the Product(s) delivered immediately upon receipt. The risks of the Product(s) shall be borne by the Buyer from the time of delivery.

Any defect/service/delay (e.g. late delivery, missing or damaged Product(s)) shall be indicated by the Buyer on the delivery note issued by the Carrier when making the Product(s) available.

Also, any defect/defect/delay in the delivery of the order must be brought to the attention of Customer Service, by sending evidence (e.g. photographs, delivery note, purchase receipt) via:

E-mail: info@arkhecosmetics.com
Telephone number: (+34) 938 608 111

Thus, for the purposes of these Conditions, "delivery" shall be deemed to have occurred or the order to have been "delivered" at the time the Buyer, or a third party designated by the Buyer, acquires physical possession of the products, which shall be evidenced by signature and/or proof of receipt of the order at the agreed delivery address.

8.- RIGHT OF WITHDRAWAL

a) Conditions of the right of cancellation

The Buyer shall have a right of withdrawal which may be exercised within a maximum period of fourteen (14) calendar days without being required to give any reason or pay any penalty, provided that the Buyer assumes all shipping costs for the return. Such withdrawal period shall expire fourteen (14) calendar days from the day on which the Buyer takes possession of the Products.

If the Buyer orders several Products in the same order or if the Products are delivered in several batches, the withdrawal period shall not begin until the Buyer takes possession of the last Product or the last part of the delivery.

The Buyer may exercise his right of withdrawal by completing the form attached to these terms and conditions (Annex I.â Withdrawal) and sending it, together with the Product(s), to Customer Service.

The withdrawal form may be sent to:

- E-mail: info@arkhecosmetics.com

- Address: Avenida del Vallès, nº 32, Polígono Industrial Cantallops, Llissá de Vall, 08185 Barcelona, Kingdom of Spain.

Customer Service will acknowledge receipt of your request and confirm the process to be followed for the collection of the Products at your address.

The Buyer may also initiate the withdrawal process through the website, by accessing the 'contact us' section and, in the 'how we can help you' section, must select the 'exchanges and returns' option and expressly indicate that he/she wishes to exercise his/her right of withdrawal. The Buyer must complete all the information requested in the questionnaire to initiate the withdrawal process.

b) Consequences of exercising the right of withdrawal

In the event of exercise of the right of withdrawal, Seller shall reimburse Buyer for the cost of the Products, less the cost of return, without undue delay and, in any event, no later than fourteen (14) calendar days from the date on which it became aware of Buyer's decision to withdraw.

Reimbursement will be made using the same means of payment used by the Buyer for the initial transaction.

The Buyer exercising the right of withdrawal must return the Product(s) via a courier, arranged by the Seller, without any undue delay and, in any event, within a maximum period of 14 calendar days from receipt of the Product(s).

Buyer shall be liable for any diminution in the value of the Products resulting from handling other than what is necessary to know the nature, characteristics and functioning of the Products.

No refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage, so the Buyer must be careful with the Product(s) while they are in his possession.

Upon examination of the Product(s), Seller will advise Buyer whether it is entitled to reimbursement of amounts paid.

c) Return of defective products

In cases where the Buyer considers that at the time of delivery the product is defective, and / or if it finds any defect / hidden vice and / or does not conform to the contract, shall be entitled within a period of fourteen (14) calendar days from delivery, to make the return of the products, free of charge.

You must send an email to Customer Service (info@arkhecosmetics.com) to notify us of your non-conformity or hidden defect(s)/defect(s) in the Product(s).

Customer Service will acknowledge receipt of your request and confirm the process to be followed for the collection of the Products at your address.

Such Product(s) must be returned complete, unused, in their original packaging; and, (ii) to the extent possible, with their original packaging and proof of return, and a copy of the corresponding purchase receipt or invoice.

Upon receipt of Products that are alleged to be non-conforming or have hidden damage/defects, Seller will check the Product(s) to verify the conformity or non-conformity of the Product(s). Similarly, Seller may perform a quality test of the returned Product(s) to verify whether the returned Product(s) is/are, in fact, original Product(s).

The refund or replacement of the Product will be made as soon as possible and, in any event, within 30 days from the date on which the Product(s) is received by the Seller at the distribution center.

The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full to the Buyer, including shipping costs.

The refund will be made in the same payment method used to pay for the purchase.

9.- LEGAL GUARANTEE

If you contract as a consumer and user, you are entitled to corrective measures, free of charge, in case of lack of conformity with the Products. We offer you the warranty period on the products that we market through this website, in the terms legally established for each type of product.

It is understood that the products are in conformity with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses for which products of the same type are normally intended and (iii) they present the usual quality and performance of a product of the same type that are reasonably expected. In this sense, if any of the products are not in conformity with the contract, the Buyer must notify us following the same procedure detailed in the previous section 'returns of defective products'.

10.- OTHER IMPORTANT CONDITIONS

a) Links from our website

In the event that the web site contains links to other web sites and materials of third parties, such links are provided for informational purposes only and the Seller has no control over the content of such web sites or materials. Therefore, the Seller accepts no liability whatsoever for any damage or loss arising from their use.

b) Limitation of liability

Except as otherwise expressly provided in these Conditions, Seller's liability in connection with any product purchased on this website shall be strictly limited to the purchase price of such product.

However, unless otherwise provided by law, Seller accepts no liability for the following losses, regardless of their origin: (i) loss of revenue or sales; (ii) loss of business; (iii) loss of profits or loss of contracts; (iv) loss of anticipated savings; (v) loss of data; and (vi) 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, the Seller does not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated herein.

c) Force majeure or fortuitous event

Neither Party shall be liable for the non-performance of all or part of its obligations under these Conditions when such non-performance is due to force majeure or acts of God.

d) Partial nullity

If any of these Conditions or any provision of the Contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

e) Complete agreement

These Conditions and any document expressly referred to herein constitute the entire agreement between Seller and Buyer relating to the subject matter hereof and supersede any prior covenants, agreements or promises made between Seller and Buyer orally or in writing.

Seller and Buyer acknowledge that they have consented to the conclusion of a contract without having relied on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations entered into by the two parties prior thereto, except as expressly mentioned in these Conditions.

f) Our right to modify these conditions

The Seller reserves the right, at any time, to modify these Conditions. The modifications made shall not be retroactive.

If the Buyer does not agree with the changes made, the Buyer must not use the Seller's website.

g) Privacy policy

The information or personal data provided by you about the Buyer will be processed in accordance with the provisions of the Privacy Policy and in the Cookie Policy. By using this website the Buyer consents to the processing, storage, transmission and / or national and international transfer of such information and data and declares that all information or data provided are truthful and correspond to reality.

h) Code of ethics and whistle-blower channel

We make available to all Users and Buyers a Code of Ethics and Conduct by which we are governed and which is applicable to all employees of the companies that are part of VMV Cosmetic Group (https://vmvcosmeticgroup.com).

We also provide Users and Buyers with a confidential, free and anonymous Whistleblower Channel (https://vmvcosmeticgroup.com/denuncias/), to report any breach or violation of the Code of Conduct and/or applicable law.

i) Applicable Law and Jurisdiction

The use of this website and contracts for the purchase of products through this website shall be governed by Spanish law.

Any dispute arising out of or in connection with the use of the website or such contracts shall be submitted to the exclusive jurisdiction of the courts and tribunals of Spain.

ANNEX I - Model Cancellation Form