Legal warning

LEGAL MENTIONS

KOSMETIKANE
VAT ES34782727B
Calle Santa Ana 12
39600 Maliaño (Cantabria)
Spain
Tel.: +34 644 728 730

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These are the Terms and Conditions that regulate the contractual relationship for the acquisition of products that KOSMETIKANE offers in its online store.

Los Términos y Condiciones de venta descritos a continuación, rigen exclusivamente las relaciones contractuales entre todo usuario de la página Web de KOSMETIKANE (denominado en lo sucesivo “Cliente”) y el vendedor, KOSMETIKANE (denominada en adelante “kosmetikane.com” y “Nosotros”) y propietaria de la tienda online: kosmetikane.com.

1. OBJECT

1.1. The purpose of these Terms and Conditions of purchase is the supply by kosmetikane.com of the products offered in its Online Store, in exchange for an economic benefit.

1.2. By accessing our portal, the Client undertakes to respect the Terms and Conditions as well as the rules of use that appear therein.

2. ENTRY INTO FORCE

2.1. These Terms and Conditions, together with your order confirmation, constitute the contract between kosmetikane.com and the Customer for the supply of products. No other Terms and Conditions will apply.

2.2. It will be understood that the Client agrees with the general conditions provided in this text from the moment he accepts that he has read and agrees with these Terms and Conditions.

3. PLACE AN ORDER

3.1. In order to place an order, the Customer must be at least 18 years old.

3.2. El Cliente deberá rellenar el formulario de datos personales que se encuentra en nuestra Tienda Online (disponible 24h/día, todos los días), una vez haya accedido a la página y haciendo clic en el botón “finalizar pedido”.

3.3. When the Customer places his order, we will send him an order number.

3.4. By placing your order, the Customer is making us an offer to purchase the products he has selected in accordance with these Terms and Conditions. We may, at our discretion, accept or reject your offer.

3.5. If we accept your order, we will notify the customer of our acceptance by issuing an order confirmation. We will send you your order confirmation by email, provided that the Customer has provided us with their email address in their personal data form. If we are unable to accept your order, we will attempt to contact the Customer by email or phone.

3.6. Although we will make every effort to supply you with the products listed in your order confirmation, there may be times when it is impossible for us to supply such products due, for example, to such products being out of stock. In these cases we will contact the Customer to inform him and perhaps we will suggest alternative products that he may wish to buy. If you do not accept our suggestions, we will cancel your order in relation to the products that we cannot supply and we will refund any money that we would have paid for such products. The return of these sums of money will be the limit of our responsibility towards the Client, if it is impossible for us to supply the requested products. Very occasionally, the prices of the products shown in our Online Store may be incorrectly specified and show a lower price than the corresponding one. When this happens and, if we have confirmed your order, we will contact you immediately in order to issue a new order confirmation with the correct price. In the event that the corresponding price is much higher, the Customer may cancel his order and we will refund any amount that he has already paid.
In the event of not having one or more necessary products and contact with the client does not receive a response, kosmetikane.com reserves the right to cancel the affected products and send the remaining part of the order. In case of receiving the order and not agreeing, the return policies of section 11 will apply.

3.7. The revocation period for an order ends at 7:00 p.m., Spanish time on the same day the order is placed, which is when an order is considered closed. During the revocation period, the Customer may cancel his order at no additional cost.

4. SUPPLY OF YOUR PRODUCTS

4.1. We will supply you with the products indicated in the confirmation of your order, in accordance with these Terms and Conditions.

5. INFORMATION ABOUT THE PRODUCTS

5.1. We pay great attention to the information regarding the essential characteristics of the products through technical descriptions from the collaborating companies and manufacturers, and from photographs that illustrate the products. All this is done within the limits of the technique and respecting the best market standards.

5.2. Please read the product descriptions carefully before purchasing. The images shown may differ slightly from the final product. When in doubt, contact us before making the purchase.

6. PRICES

6.1. The price of each product will be clearly determined on the website. The price and conditions of the products offered may vary, but in any case the price and conditions that existed when placing the order will always govern for the Customer.

6.2. We reserve the right to charge for the order from the moment it is received.

6.3. The sale prices indicated in our Online Store are shown as follows:

Si el cliente vive en la Unión Europea, todos los precios incluyen el IVA, pero deducimos este importe del total si el envío se efectuara a zonas exentas de IVA. El cliente solo tiene que indicarlo en el campo “Notas del pedido” al efectuar su pedido en el formulario “Finalizar Pedido”.

6.4. Shipping service costs are not indicated in the price of the products. Shipping service costs are borne by the Customer and will be added to the total amount of the selected products. You will be informed of these expenses before confirming the order and finalizing the contracting process.

6.5. We reserve the right to change our prices at any time. However, we undertake to apply the rates in force indicated on the portal at the time of placing the order by the Customer.

7. AVAILABILITY

7.1. It should be noted that orders will be shipped within the available stock limits. If one of the items ordered is not in stock, we promise to send the Customer an email as soon as possible (from the date they placed the order) to inform them of the period within which we can send their product (s) ( s). In case you are not interested in waiting, you can request a refund of the amounts you have paid for said item.

7.2. If any of the products in your order, once invoiced, are not available and there is no prior notice in our online store, we promise to send the Customer the available products and to give them the shipping service costs of the rest of their purchase. If possible, we will propose an item of equivalent quality and price to replace the unavailable product. In the event that you do not accept the proposed replacement product, we will proceed to refund the unavailable product.

8. PAYMENT OF THE PRODUCTS

8.1. kosmetikane.com is a website with a security certificate granted by Let's Encrypt Authority X3, so browsing and any sending of information is encrypted through a secure connection, as you will see through the green padlock in the address bar from your browser. In addition, kosmetikane.com has partnered with CaixaBank to guarantee maximum security in payments. When he sees the CaixaBank symbol, the Client can consider that all the data of the banking operation is 100% protected.

8.2. If our security department suspects an anomaly or fraud, kosmetikane.com reserves the right to cancel the transaction for security reasons.

8.3. kosmetikane.com offers the Client 3 payment methods:

- Payment by credit / debit card:

Si opta por el pago con tarjeta, el pedido del Cliente no podrá tenerse en cuenta y no será tramitado hasta que el pago haya sido autorizado por su banco o caja. El pago en línea con tarjeta de crédito se realiza a través del sistema de seguridad “Secure Socket Layer”, que codifica sus datos bancarios cuando son transmitidos por internet. Por razones de seguridad, kosmetikane.com verifica todos los pedidos pagados con tarjeta bancaria. Aceptamos tarjetas Visa, Mastercard, Maestro y cualquier tarjeta de las redes Servired, 4B y EURO6000 dadas de alta en el sistema de pago seguro Verified by Visa. Además, para cualquier pedido cuyo importe sea superior a un baremo fijado por kosmetikane.com se le pedirá al Cliente un documento de identidad y un justificante de domicilio que deberá enviarnos por fax o correo electrónico que oportunamente se le indiquen.

- Payment by Bizum:

Bizum allows you to pay directly without communicating financial data on the Internet. Bizum automatically encrypts confidential data with the help of the best technologies available on the market.

- Payment by bank transfer:

The Client must make the transfer to the account that will be indicated in due course. At the end of the order, the Client will receive an automatic email with the details of the bank account in which the deposit has to be made. Important: as a concept of the transfer, you must indicate the reference that will be indicated at the end of the order. In case of not having indicated this reference, the order will be canceled and the money will be returned after 7 days.

8.4. In the event that the purchase has been made by a final consumer or a company, the corresponding invoice will be issued. Both will contain the breakdown corresponding to the Value Added Tax if applicable and the shipping costs.

9. DELIVERY OF THE PRODUCTS

9.1. We will send the Customer their products to the delivery address that appears on their personal data form.

9.2. On the website, specifically in the shopping cart, the amount of the shipping costs is indicated before the purchase is made.

9.3. Si el artículo indique “en stock” al realizar el pedido, el plazo entre la realización del pedido y la fecha de la primera presentación del empleado de la empresa de transportes en el lugar determinado corresponde a la suma de 2 elementos:

1. The delivery time (24 to 48 h) = validation of the payment + preparation of the order + receipt of the package by the employee of the transport company. The term may vary depending on the availability of the product.
2. El plazo de entrega del pedido por el empleado de la empresa de transportes. Estará informado desde el principio de este plazo a partir de la recepción del e-mail “envío del pedido”. Estos plazos están indicados en días hábiles.

9.4. We will deliver the product once you have verified that the effective payment has been executed correctly and, then, will deliver the product according to the chosen option:

• CORREOS EXPRESS: Envío PAQ 24 horas. Transporte por carretera; entrega en 1 laborable.

9.5. We understand hours and days as hours and working days, thus excluding Saturdays and Sundays and holidays. If for any reason attributable to kosmetikane.com this period is exceeded, we will notify the Client of the incident and propose alternative solutions.

9.6. The Customer agrees that he or another designated person is at the address indicated to receive the package. In case of not being the first time, the carrier will insist a second time. If the order still cannot be delivered, it will be returned to us, with the consequent return to the Customer of the payment made less the shipping costs.

10. PRODUCT WARRANTY

10.1. All products offered by kosmetikane.com are guaranteed. We promise to replace a new one or make the corresponding payment if any of your products suffers from a manufacturing defect. In this case, all costs of returning the product and shipping the new product or the repaired one, are borne by kosmetikane.com.

10.2. The consumer must inform us of the product defect within 5 business days of delivery by email. In this way, we will organize the replacement in the most suitable way.

11. THE RIGHT TO RETURN AND EXCHANGE THE PRODUCTS

Check our return policy.

12. AFTER-SALE SERVICE

If you want to talk to us you can:

• Email us at: hola@kosmetikane.com
• Call us on our phones: 644 728 730
• Or use our WhatsApp service

13. OBLIGATIONS OF kosmetikane.com AND THE CLIENT

13.1. kosmetikane.com undertakes to make available to the Client all the necessary information regarding the products it offers as well as the orders. kosmetikane.com is not responsible for the non-execution of these conditions in the event of force majeure and in the event of the Client's fault or an unforeseeable event on the part of a person outside the contract.

13.2. The Client undertakes to fill in the order forms and their fields according to the instructions indicated. kosmetikane.com will protect the data in accordance with the law. The Customer also agrees to pay the price of the product, with the corresponding taxes and shipping costs.

13.3. We remind you that it is advisable to keep a copy of the data contained in the products purchased. kosmetikane.com is not responsible for any loss of data, files or, in general, for any damage resulting from a failure to backup by the Customer of the data contained in the products purchased.

13.4. kosmetikane.com is not responsible for the consequences that may result from an inappropriate use of the products sold in its Online Store.

14. COMMENTS

All opinions written by Clients are controlled by the marketing team. If the opinions received violate the law, ethics or morals (abusive advertising, defamation, insults, comments out of context ...), kosmetikane.com reserves the right to reject or modify said opinions.

15. PROTECTION OF PERSONAL DATA

15.1. The personal data that the Client must provide us is essential for sending orders and drafting invoices. The absence of these data will lead to the automatic cancellation of the orders. By registering on the page, the Client undertakes to provide us with valid personal data, data that allow the provision of the service by kosmetikane.com and the correct identification of the registered Client, as well as the sending of information and advertising of the different products and offers that kosmetikane.com may have on its web pages.

16. INTELLECTUAL PROPERTY

16.1. All the content of the kosmetikane.com Online Store (illustrations, texts, names, brands, images, videos) is the property of kosmetikane.com. Any partial or total reproduction of the content through any procedure and on any medium is subject to a prior and express authorization from kosmetikane.com.

17. APPLICABLE LAW AND JURISDICTION

17.1. This contract will be interpreted and governed by current Spanish and European legislation.

17.2. The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the city of Santander.

18. REGARDING PROMOTIONS AND COUPONS

18.1. All promotions and coupons have an expiration of one month if the promotion does not specify it differently.

18.2. Promotions that are discount coupons will always be applied solely and exclusively to the value of the product.

18.3. Promotions that are discount coupons will always have a minimum amount to be consumed, which if not specified will be € 100 for all promotions.

18.4. kosmetikane.com reserves the right to cancel a promotion to that person who makes an incorrect use of it, or who under different identities acquires numerous units of the promotion.

18.5. You can only make use of a single discount coupon per purchase. Coupons are not accumulative.

General contracting conditions

1. PURPOSE AND GENERALITIES

1.1. Kosmetikane (hereinafter, the “kosmetikane.com”) is the owner of the website kosmetikane.com (hereinafter, the “Website”), which is a web platform through which consumer products from different families are sold .

1.2. The General Conditions described below, regulate the conditions of use and access to the Website by any visitor (hereinafter, "Users") and the contracting of the products offered by kosmetikane.com on the Website (hereinafter, " Product "or" Products ") by any User through the Website (hereinafter," Customer ").

1.3. Users of the Website, in order to acquire the condition of Clients and therefore, acquire the Products, must complete an identification and registration form, accepting these General Conditions and all this following the instructions that they will receive through the Website itself.

1.4. kosmetikane.com opera y realiza envíos en toda la Península Ibérica y Baleares (en adelante, el “Territorio”). kosmetikane.com no opera en Ceuta, Melilla y Canarias.

2. USE OF THE WEBSITE

2.1. The Client and the User of kosmetikane.com undertake to make proper and lawful use of the Website, in accordance with the applicable legislation and these General Conditions.

2.2. Misuse of the Website is prohibited. The Client and / or User must abstain, among others, from:

• Committing crimes, or encouraging others to do so.
• Introducing or distributing computer viruses on the network, posting offensive or obscene material.
• Hacking aspects of the Website service.
• Corrupt the data that appears on the Website.
• Sending unsolicited advertising or promotional materials ("spam").

2.3. kosmetikane.com will not be responsible for the fact that the Website is not available at any time.

2.4. The Website may also contain links to other websites that are not operated by kosmetikane.com (hereinafter "Other Websites"). kosmetikane.com does not exercise any control over Other Websites and is not responsible for their content or for any damage that may be caused by their use. Although it reserves the right to eliminate said links if by any means it is known that any irregularity or illegality is committed on the linked site.

3. ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS

3.1. The use and access to the Website by the User implies acceptance of these General Conditions.

3.2. The Client expressly accepts these General Conditions in the contracting process.

3.3. kosmetikane.com reserves the right to modify the content of the General Conditions at any time. In any case, this will not affect the Client and the User, who will be subject to the General Conditions in force of the Website at the time of contracting the Products or at the time of use and access.

4. OBLIGATIONS OF kosmetikane.com AND OF THE CLIENT / USER

4.1. kosmetikane.com undertakes to make available to the Client and / or User all the necessary information regarding the Products it offers as well as that of the orders placed. kosmetikane.com is not responsible for the temporary non-compliance with these General Conditions in the event of force majeure and in the event of the Client's fault or an unforeseeable event by a person outside the contract.

4.2. The Client and / or User undertakes to fill in the order forms and any other form, according to the instructions indicated and truthfully. The Customer also agrees to pay the price of the Product, with the corresponding taxes and shipping costs, always in accordance with the final offer received from kosmetikane.com.

4.3. We remind you that it is advisable to keep a copy of the data relating to the Products purchased. kosmetikane.com is not responsible for any loss of data, files or, in general, for any damage resulting from a failure to backup by the Client of the indicated data.

4.4. kosmetikane.com is not responsible for the consequences and damages that may result from an inappropriate use of the Products sold through the Website.

5. INFORMATION ABOUT THE PRODUCTS

5.1. kosmetikane.com offers a detailed description of the Products included in the Website in accordance with the technical descriptions from distributors, manufacturers and suppliers in general. Likewise, it includes the information related to the commercial name, trademarks or distinctive signs of the Products to provide the maximum possible information to the Client and / or User.

5.2. Please read the descriptions of the Products carefully before deciding to purchase them. The images shown may differ slightly from the final Product. When in doubt, contact us before making the purchase.

6. PLACE AN ORDER

6.1. In order to place an order, the Customer must be at least 18 years old and reside in the Territory.

6.2. El Cliente deberá rellenar el formulario de datos personales que se encuentra en nuestra Tienda Online (disponible 24h/día, todos los días), una vez haya accedido a la página y haciendo clic en el botón “finalizar pedido”.

6.3. When the Customer places his order, we will send him an order number.

6.4. By placing your order, the Customer is making us an offer to purchase the products he has selected in accordance with these Terms and Conditions. We may, at our discretion, accept or reject your offer.

6.5. If we accept your order, we will notify the customer of our acceptance by issuing an order confirmation within 24 hours of placing the order.

7. CANCELLATION

Any order may be canceled or modified if it has not yet left our warehouse. You can make the cancellation or modification until 7:30 p.m. on the same day the order is placed, provided that it has been made before 7:00 p.m.

In the event that the cancellation or modification is made within the established time limits, you will not have any expense. Otherwise, you will have to take care of the shipping costs, both shipping and return.

8. AVAILABILITY

Orders are subject to Product availability. It may happen that these Products are not in stock or have deteriorated or do not have the expected quality, among others. In these cases, we will contact the Customer to inform him and suggest alternative Products, substitutes in quality and with equal or higher value that he may wish to buy. If you do not accept our suggestions, we will cancel your order in relation to the Products that we are unable to supply and we will refund you within 14 days any sum of money that you would have paid us for such Products. The return of these amounts will be the limit of our responsibility towards the Client, if it is impossible for us to supply the requested Products.

9. PRICES

9.1. The prices of the Products indicated on the Website include VAT, but not shipping costs. Shipping costs are borne by the Customer, unless otherwise advised, and will be detailed separately from the price of the Product during the contracting process. The sum of both will be the total price to pay that will be shown to the Client prior to the formalization of the contract.

9.2. The prices of the Products may vary but will not affect in any case the orders to which we have already sent the Order Confirmation.

9.3. We reserve the right to charge the order from the Order Confirmation.

10. PAYMENT OF PRODUCTS

10.1. kosmetikane.com is a website with a security certificate granted by Lets Encrypt, so browsing and any information sending is encrypted through a secure connection, as you will verify through the green padlock in the address bar of your browser. In addition, kosmetikane.com has partnered with laCaixa to guarantee maximum security in payments. When he sees the laCaixa symbol, the Client can consider that all the data of the banking operation is 100% protected.

10.2. If our security department suspects an anomaly or fraud, kosmetikane.com reserves the right to cancel the transaction for security reasons.

10.3.kosmetikane.com offers the Client 3 payment methods:

- Payment by credit / debit card:

If you choose to pay by card, the Customer's order cannot be taken into account and will not be processed until the payment has been authorized by your bank or savings bank. Online payment by credit card is made through the "Secure Socket Layer" security system, which encrypts your bank details when they are transmitted over the internet. For security reasons, kosmetikane.com verifies all orders paid by bank card. We accept Visa, Mastercard, Maestro cards and any card from the Servired, 4B and EURO6000 networks registered in the secure payment system Verified by Visa. In addition, for any order whose amount is higher than a fixed scale pokosmetikane.com, the Client will be asked for an identity document and proof of address that must be sent to us by fax or email that are duly indicated.

- Payment by bank transfer:

The Client must make the transfer to the account that will be indicated in due course. At the end of the order, the Client will receive an automatic email with the details of the bank account in which the deposit has to be made. Important: as a concept of the transfer, you must indicate the reference that will be indicated at the end of the order. In case of not having indicated this reference, the order will be canceled and the money will be returned after 7 days.

- Payment by Bizum:

Bizum allows you to pay directly without communicating financial data on the Internet. Bizum automatically encrypts confidential data with the help of the best technologies available on the market.

10.4. In the event that the purchase has been made by a final consumer or a company, the corresponding invoice will be issued. Both will contain the breakdown corresponding to the Value Added Tax if applicable and the shipping costs.

11. DELIVERY OF PRODUCTS

11.1. kosmetikane.com will deliver the Products to the Customer to the delivery address that appears in their personal data form, which must be within the limits of the Territory.

11.2. The delivery time is 24 to 48 hours = validation of the payment + preparation of the order + receipt of the package by the employee of the transport company. The term may vary depending on the availability of the product.

11.3. El Cliente informado desde el principio de este plazo a partir de la recepción del e-mail “envío del pedido”.

11.4. We will deliver the product once you have verified that the effective payment has been executed correctly and, then, will deliver the product according to the chosen option:

• CORREOS EXPRESS: Envío PAQ 24 horas. Transporte por carretera; entrega en 1 laborable.

11.5. We understand hours and days as hours and working days, thus excluding Saturdays and Sundays and holidays in Barcelona. If for any reason attributable to kosmetikane.com this period is exceeded, we will notify the Client of the incident and propose alternative solutions.

11.6. The Customer agrees that he or another designated person is at the address indicated to receive the package. In case of not being the first time, the carrier will insist several times. If the order still cannot be delivered, it will be returned to us, with the consequent return to the Customer of the payment made less the shipping costs or return of the Products that will be borne by the Customer.

11.7. In any case, delivery will be made within a maximum period of 30 days from the conclusion of the contract.

11.8. The risk of the Products will pass when the Customer acquires physical possession of the Product.

12. PRODUCT WARRANTY

12.1. All Products offered by kosmetikane.com have the legally foreseen guarantee. We promise to replace a new one or make the corresponding payment if any of your Products suffers from a manufacturing defect. In this case, all the costs of returning the Product and shipping the new Product or the repaired one, are borne by kosmetikane.com.

12.2. Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or on the delivery note if it is later.

12.3. For the guarantee to be effective, proof of purchase must be presented within the established legal term.

12.4. The consumer must inform us of the lack of conformity of the Product within 5 business days of delivery by email or by contacting our telephone number provided in the Identifying Data section of these General Conditions.

12.5. There is conformity of the Products with the contract and therefore, kosmetikane.com will not be responsible for lack of conformity when the Products included in the Website:

• They conform to the description made by the seller and have the qualities of the Product that the seller has presented.
• They are suitable for the uses to which the Products of the same type are ordinarily intended.
• They are suitable for any special use required by the consumer and user when they have made it known to the seller at the time of conclusion of the contract.
• Present the usual quality and benefits of a Product of the same type that the consumer and user can reasonably expect, taking into account the nature of the Product.

12.6. Likewise, kosmetikane.com will not be liable for lack of conformity that the Client knew or could not have ignored at the time of the contract.

12.7. The guarantee does not include damages caused by negligence, blows, use or improper manipulation, unsuitable voltage, electrical accidents, installation and / or use not in accordance with the instructions for use or not carried out by the authorized technical service when appropriate, or materials or Perishable products, subject to wear and tear due to normal use or consumables.

12.8. The following are excluded from the guarantee:

• Those Products that have been modified or repaired by the Client or by any person other than the supplier or manufacturer.
• If the Product warranty data or proof of purchase has been modified or altered.
• Food, beverage, cleaning and hygiene or cosmetic products.
• Goods that can deteriorate or expire quickly.
• Any other good if the Client does not have proof of purchase.

13. THE RIGHT OF WITHDRAWAL AND EXCHANGE THE PRODUCTS

Check our return policy.

14. COMMENTS

All opinions written by Clients are controlled by the marketing team. If the opinions received infringe or may infringe the law, ethics or morals (abusive advertising, defamation, insults, comments out of context ...), kosmetikane.com reserves the right to reject or eliminate said opinions.

15. PROTECTION OF PERSONAL DATA

15.1. By virtue of Organic Law 15/1999, of December 13, on the Protection of Personal Data, Kosmetikane, with address at Calle Santa Ana 12, 39600 Maliaño, Cantabria, informs you that in order to properly manage Clients and / or Users of the company, it is necessary to provide certain personal data that will be incorporated into a file, duly registered with the Spanish Agency for Data Protection, of which this entity is the owner and responsible. The purpose of the collection and automated processing of personal data is to carry out proper management of the Company's Clients and / or Users.

15.2. The personal data collected from the Client and / or User will not be transferred to any company nor will they be available to third parties, being used only for the purposes established for the collection or reception of the same.

15.3. By virtue of the provisions of article 15 and following of the LOPD and in the terms indicated in its Development Regulation approved by Royal Decree 1720/2007, of December 21, at any time the owner of the personal data may exercise their rights of access, rectification, cancellation and opposition, by writing to Kosmetikane, Calle Santa Ana 12, 39600 Maliaño, Cantabria or by written request by message through the Contact Form, in the option "Contact us".

15.4. The person responsible for the file has adopted legally required security measures in their facilities, systems and files required by the Development Regulation of the LOPD, approved by Royal Decree 1720/2007, of December 21, Likewise, the person responsible for the file guarantees the confidentiality of personal data, although it will reveal to the competent public authorities the personal data and any other information that is in its possession or is accessible through its systems and is required in accordance with the applicable legal and regulatory provisions.

15.5. The personal data collected from the Client and / or User, either through the forms on the Website or by sending e-mails by the Client and / or User, will be true, exact, complete and updated, responding to the damages that It could cause due to the faulty completion of false, inaccurate, incomplete or outdated information.

16. INTELLECTUAL AND INDUSTRIAL PROPERTY

16.1. "Kosmetikane" is a trademark registered by the Spanish Patent and Trademark Office, so any use of it or of any similar identifying sign that may cause confusion about its origin or ownership by third parties without prior express authorization is prohibited.

16.2. The kosmetikane.com Website is a domain registered by Kosmetikane. Likewise, the Intellectual Property rights relating to the software and the contents of the Website belong to kosmetikane.com or to its licensors.

16.3. Consequently, the total or partial reproduction of the Website is expressly prohibited. It is also not allowed to publish, manipulate or distribute the content of the Website without the express authorization of kosmetikane.com or the legitimate owner, where appropriate.

17. APPLICABLE LAW AND COMPETENT JURISDICTION

17.1. These General Conditions and any question regarding their interpretation, compliance or lack of compliance are governed by Spanish Law, without prejudice to the application of community regulations and international treaties, when appropriate.

17.2. kosmetikane.com and the Client and / or User submit, expressly waiving their own jurisdiction, in relation to the use of this Website, as well as in relation to any conflict related to it, to the Courts and Tribunals corresponding to the city of Santander.

18. REGARDING PROMOTIONS AND COUPONS

18.1. All promotions and coupons have an expiration of one month if the promotion does not specify it differently.

18.2. Promotions that are discount coupons will always apply solely and exclusively to the value of the Product.

18.3. Promotions that are discount coupons will always have a minimum amount to be consumed, which if not specified will be € 60 for all promotions.

18.4. kosmetikane.com reserves the right to cancel a promotion to that person who makes an incorrect use of it, or who under different identities acquires numerous units of the promotion.

18.5. You can only make use of a single discount coupon per purchase. Coupons are not accumulative.

Privacy policy

In this privacy statement we explain what personal data we collect from users and how we use it. We encourage you to read these terms carefully before providing your personal data on this website.

The services and products on the kosmetikane.com website are for people over 18 years of age. Minors under this age are not authorized to use the services of this website and should not, therefore, send us their personal data.

On this website, the personal data of users is respected and cared for. As a user you should know that your rights are guaranteed. We have strived to create a safe and reliable space and that is why we want to share our principles regarding your privacy:

• We never ask for personal information unless it is really necessary to provide you with the services you require.
• We never share personal information of our users with anyone, except to comply with the law or in case we have your express authorization.
• We never use your personal data for a purpose other than that expressed in this privacy policy.

It should be noted that this Privacy Policy could vary depending on legislative or self-regulation requirements, so users are advised to visit it periodically. It will be applicable in the event that users decide to fill in any of the kosmetikane.com contact forms where personal data is collected.

The kosmetikane.com website has adapted this website to the requirements of Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), and Royal Decree 1720/2007, of December 21, known as the Development Regulation of the LOPD. It also complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons (RGPD), as well as with Law 34/2002, of July 11, of Information Society Services and Electronic Commerce (LSSICE or LSSI).

Responsible for the treatment of your personal data

Identity of the person in charge: Ángel Martín Hernández
Tradename: KOSMETIKANE
NIF/CIF: 70888550C
Address: Calle Santa Ana 12 – 39600 – Maliaño – Cantabria
Email: dpo@kosmetikane.com
Activity: ecommerce

For the purposes of the provisions of the aforementioned General Data Protection Regulations, the personal data that you send us through the web forms will receive the data treatment of “Users of the web and subscribers”.

For the treatment of user data, we implement all the technical and organizational security measures established in the current legislation.

Principles that we will apply to your personal information

In the processing of your personal data, we will apply the following principles that comply with the requirements of the new European data protection regulation:

• Principle of legality, loyalty and transparency: We will always require your consent for the processing of your personal data for one or more specific purposes that we will inform you in advance with absolute transparency.
• Data minimization principle: We are only going to request data that is strictly necessary in relation to the purposes for which we require it. The minimum possible.
• Principle of limitation of the conservation period: the personal data provided on the kosmetikane.com website will be kept for a period of ten years from the last confirmation of your interest. They will also be kept as long as the commercial relationship is maintained. They will be made to disappear when their deletion or portability is requested by the interested party.
• Principle of integrity and confidentiality: Your data will be treated in such a way that adequate security of personal data is guaranteed and confidentiality is guaranteed. You should know that we take all necessary precautions to prevent unauthorized access or improper use of user data by third parties.

How have we obtained your data?

The personal data that we process in kosmetikane.com come from:

• Contact form
• Subscription form
• Service request forms
• Registration form

What are your rights when you provide us with your data?

Anyone has the right to obtain confirmation on whether or not we are treating personal data that concerns us at kosmetikane.com.

Interested persons have the right to:

• Request access to personal data related to the interested party
• Request its rectification or deletion
• Request the limitation of your treatment
• Object to treatment
• Request data portability

Interested parties may access their personal data, as well as request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims.

In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. Kosmetikane will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. As an interested party, you have the right to receive the personal data that concerns you, that you have provided me and in a structured format, of common use and mechanical reading, and to transmit them to another person in charge of the treatment when:

• The treatment is based on consent.
• The data has been provided by the person concerned.
• The treatment is carried out by automated means.

By exercising your right to data portability, you will have the right to have personal data transmitted directly from controller to controller when technically possible.

The interested parties will also have the right to effective judicial protection and to file a claim with the control authority, in this case, the Spanish Agency for Data Protection, if they consider that the processing of personal data that concerns them violates the Regulation.

For what purpose do we process your personal data?

When a user connects to this website, for example, sending an email to the owner, subscribing or making a contract, they are providing personal information for which Kosmetikane is responsible. This information may include personal data such as your IP address, name, physical address, email address or other information. By providing this information, the user gives their consent for their information to be collected, used, managed and stored by kosmetikane.com, only as described in the Legal Notice and in this Privacy Policy.

In kosmetikane.com there are different systems for capturing personal information and we treat the information provided by interested persons with the following purpose for each capture system (forms):

• Contact form: We request the following personal information: Name, Email, to respond to the requirements of kosmetikane.com users. For example, we can use this data to respond to your request and respond to doubts, complaints, comments or concerns that you may have regarding the information included on the web, the services provided through the web, the treatment of your personal data, questions regarding the legal texts included in the web, as well as any other queries you may have that are not subject to the contracting conditions. We inform you that the data you provide us will be located on the servers of Netcup GmbH (provider of Kosmetikane) within the EU.
• Product and service payment form: We request the following personal information: Name, Email, to request any of the services that kosmetikane.com makes available to its users. The information collected will allow you to request or access the corresponding service. We inform you that the data you provide us will be located on the servers of Netcup GmbH (provider of Kosmetikane) within the EU. The kosmetikane.com website allows you to manage payments directly through the CaixaBank payment gateway (Kosmetikane's provider) within the EU. Your credit card payment details are not stored on kosmetikane.com, but are sent and stored in CaixaBank for the processing of payments. By completing this form, you expressly consent to said data transfer.
• Registration Form: In this case, we request the following personal information: Name, Email, so that you can create an account in the system and have access to its functionalities. We inform you that the data you provide us will be located on the servers of Netcup GmbH (provider of Kosmetikane) within the EU.

There are other purposes for which we process your personal data:

• To guarantee compliance with the conditions of use and applicable law. This may include the development of tools and algorithms that help this website to guarantee the confidentiality of the personal data it collects.
• To support and improve the services offered by this website.
• Other non-identifying data obtained through some cookies that are downloaded to the user's computer when browsing this website are also collected, which are detailed in the cookie policy.
• To manage social networks, kosmetikane.com may have a presence on social networks. The treatment of the data that is carried out of the people who become followers in the social networks of the official pages of kosmetikane.com, will be governed by this section. As well as those conditions of use, privacy policies and access regulations that belong to the social network that is appropriate in each case and previously accepted by the Kosmetikane user. It will process your data for the purposes of correctly managing your presence on the social network, reporting activities, products or services of kosmetikane.com. As well as for any other purpose that the regulations of social networks allow. In no case will I use the profiles of followers on social networks to send advertising individually.

In accordance with the provisions of the general European data protection regulation (RGPD) 2016/679, Ángel Martín Hernández (Kosmetikane) with address at Calle Santa Ana 12 - 39600 - Maliaño - Cantabria, will be responsible for the processing of the data corresponding to web users and subscribers.

Kosmetikane does not sell, rent or transfer personal data that can identify the user, nor will it do so in the future, to third parties without prior consent.

Legitimation for the treatment of your data

The processing of your personal data is necessary to comply with the legal obligations derived from Royal Decree 1720/2001 of December 21, which approves the Regulations for the development of Organic Law 15/1999 of December 13 for the protection of Personal data.

The legal basis for the treatment of your data is the processing of orders in our online store or the contact form of the web kosmetikane.com

The offer of products and services is based on the consent that is requested, without in any case the withdrawal of this consent conditioning the execution of services or the delivery of pending products.

Category of collected data

The categories of data that are treated are identifying data. In no case are specially protected categories of data treated.

How long will we keep your data?

The personal data provided on the kosmetikane.com website will be kept for a period of ten years from the last confirmation of your interest. They will also be kept as long as the commercial relationship is maintained. They will be made to disappear when their deletion or portability is requested by the interested party.

To which recipients will your data be communicated?

Many tools that we use to manage your data are hired by third parties.

To provide services strictly necessary for the development of the activity, kosmetikane.com shares data with the following providers under their corresponding privacy conditions:

Hosting: Netcup GmbH, domiciled in Germany. More information in: https://www.netcup.eu/kontakt/datenschutzerklaerung.php (Netcup GmbH). Netcup GmbH treats the data in order to perform its hosting services to Kosmetikane.

Web platform: WordPress.org. The license under which WordPress software operates is GPLv2 (or later) from the Free Software Foundation.

Email: el servicio de correo electrónico de Kosmetikane lo presta Netcup GmbH, con domicilio en Alemania. Más información en: https://www.netcup.eu/kontakt/datenschutzerklaerung.php (Netcup GmbH). Netcup GmbH processes the data in order to perform its email services to Kosmetikane.

Google Analytics: a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheater Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses "cookies", which are text files located on your computer, to help kosmetikane.com analyze how users use the website. The information generated by the cookie about your use of kosmetikane.com (including your IP address) will be directly transmitted and filed by Google on servers in the United States.

Remarketing

The remarketing function allows us to reach people who have previously visited this website and associate a specific audience with a specific message. Remarketing is a method of getting users who have visited my site to do it again.

As a user of kosmetikane.com we inform you that we are collecting information for this remarketing function.

The information that we collect thanks to this function is collected by Facebook cookies. If you do not want your information to be collected by these cookies, you can disable the use of Google cookies through the Google Ads Settings. You can also disable the use of cookies from a third-party provider through the Network Advertising Initiative opt-out page.

This type of service allows you to interact with social networks or other external platforms directly from the pages of this website. The interactions and information obtained by this website will always be subject to the user's privacy settings in each social network. In the event that a service is installed that allows interaction with social networks, it is possible that, although users do not use the service, it may collect web traffic data related to the pages on which they are installed.

Facebook Ads

At kosmetikane.com we use Facebook Ads, Facebook's advertising platform, which allows us to create campaigns and advertisements. When generating an ad, you can segment your audience by:

• Location
• Demographic data (age, gender, etc.)
• Interests (activities, hobbies, etc.)
• What they buy on the internet and through other channels
• etc.

The data obtained through Facebook Ads are subject to this privacy policy from the moment the user leaves their data in the form on this website to join the subscription newsletter. In no case will the information from Facebook be used for a different purpose.

Navigation

When browsing kosmetikane.com, non-identifiable data may be collected, which may include IP addresses, geographical location (approximate), a record of how the services and sites are used, and other data that cannot be used to identify the user. Among the non-identifying data are also those related to your browsing habits through third-party services. This website uses the following third-party analysis services:

• Google Analytics
• Facebook Pixel

We use this information to analyze trends, administer the site, track user movements around the site, and to gather demographic information about our user base as a whole.

Secret and data security

Kosmetikane is committed to the use and treatment of the personal data of users, respecting their confidentiality and using them in accordance with the purpose thereof, as well as to comply with its obligation to save them and adapt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with the provisions of current data protection regulations.

This website includes an SSL certificate. It is a security protocol that makes your data travel in an integral and safe way, that is, the transmission of data between a server and a web user, and in feedback, is fully encrypted or encrypted.

Kosmetikane cannot guarantee the absolute impregnability of the Internet network and therefore the violation of data through fraudulent access to them by third parties.

Regarding the confidentiality of the processing, Ángel Martín Hernández will ensure that any person who is authorized by Kosmetikane to process the client's data (including its personnel, collaborators and providers), will be under the appropriate obligation of confidentiality (whether it is a duty contractual or legal).

When a security incident occurs, upon realizing Kosmetikane, it must notify the user without undue delay and must provide timely information related to the Security Incident as it is known or when the user reasonably requests it.

Accuracy and veracity of the data

As a user, you are solely responsible for the veracity and correctness of the data you send to kosmetikane.com, exonerating Ángel Martín Hernández (Kosmetikane) from any responsibility in this regard.

Users guarantee and respond, in any case, to the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. The user agrees to provide complete and correct information in the contact or subscription form.

Acceptance and consent

The user declares to have been informed of the conditions on protection of personal data, accepting and consenting to the treatment thereof by kosmetikane.com (Kosmetikane) in the manner and for the purposes indicated in this privacy policy.

Revocability

The consent given, both for the treatment and for the transfer of the data of the interested parties, is revocable at any time by communicating it to Ángel Martín Hernández (Kosmetikane) in the terms established in this Policy for the exercise of ARCO rights. This revocation will in no case be retroactive.

Changes to the privacy policy

Kosmetikane reserves the right to modify this policy to adapt it to new legislation or jurisprudence, as well as industry practices. In such cases, Kosmetikane will announce on this page the changes introduced with reasonable anticipation of their implementation.

Commercial emails

In accordance with the LSSICE, kosmetikane.com does not perform SPAM practices, so it does not send commercial emails that have not been previously requested or authorized by the user. Consequently, in each of the forms on the web, the user has the possibility of giving their express consent to receive the newsletter, regardless of the commercial information requested on time.

In accordance with the provisions of Law 34/2002 on Services of the Information Society and electronic commerce, kosmetikane.com undertakes not to send communications of a commercial nature without properly identifying them.

Document revised on 10-15-2020.

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