GENERAL TERMS AND CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website www.daringlight.com, (hereinafter Website) is held by: Sergio Martínez Anaya, with NIF: 53123460S, and whose contact details are:
Sant Feliu de Codines, Barcelona.
Contact telephone: +34640770618
Contact email: email@example.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.daringlight.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Daring Light carries out through the Web Site includes:
Sale of perfumery, cosmetics, household products, make-up.
In addition to reading the present Conditions, before accessing, navigating and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Daring Light. By using this Web Site or by making and/or requesting the acquisition of a product and/or service through the same, the User consents to be bound by these Conditions and by all of the aforementioned, so that if he/she does not agree with all of them, he/she should not use this Web Site. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, the User accepts all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
To make use of this Website only to make enquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The User will be able to formalise, at his/her choice, with Daring Light the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.daringlight.com, during which various products and/or services may be selected and added to the shopping cart, basket or final purchase space and, finally, click on: “Confirm order”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.
Subsequently, the User will receive an e-mail confirming that Daring Light has received his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, if applicable, the User will also be informed by e-mail when his purchase is being sent. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, via his or her personal connection space on the Website. Likewise, the User can, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to Daring Light using the contact spaces of the Web Site or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page of the Web Site, indicating, by way of example, but not exhaustively, and according to each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Daring Light is not the manufacturer of the products sold or that could be marketed on the Web Site. Although Daring Light makes great efforts so that the information shown on the Web Site is correct, sometimes the packaging and/or the materials and/or the components of the products may contain additional or different information from that which appears on the Web Site. Therefore, the User should consider not only the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.
Rules for use of the Website
The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and these General Terms and Conditions. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Website and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
The User undertakes not to transmit, introduce, disseminate or make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no way limiting or excluding, the User undertakes to:
I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violates human rights.
II.- Not to introduce or disseminate on the network data programmes (viruses and harmful software) that may cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the constitution and in international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
V.- Not to transmit unsolicited or unauthorised advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for this purpose.
VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
VII.- Not to impersonate other Users by using their registration codes for the different services and/or contents of the Website.
VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Website or third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
The User undertakes to hold Sergio Martínez Anaya harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the User’s failure to comply with any of the aforementioned rules of use, and Sergio Martínez Anaya also reserves the right to request the corresponding compensation for damages.
Occasionally, Sergio Martínez Anaya will provide the User through its communications, such as periodic bulletins, with a link that will allow him/her to access his/her personal account. Said access will be carried out through a unique and private address, so that the User will not need to enter their passwords to access the Website. Consequently, the User must treat communications from Sergio Martínez Anaya confidentially and refrain from forwarding them to third parties, in order to avoid unauthorised access to the private information in his or her account.
All the purchase orders received by Daring Light through the Web Site are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If there are difficulties in the supply of products or there are no products in stock, Daring Light undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This will be equally applicable in the cases in which the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise specified and applied by law, especially with regard to VAT.
The shipping costs are included in the final prices of the products as shown on the website. Thus, Daring Light carries out the delivery and/or shipping services through:
CORREOS EXPRESS PAQUETERIA URGENTE, S.A., S.M.E. (hereinafter Correos Express), CIF Nº A28799120. COMPANY ADDRESS: Avda de Europa nº 8, Centro de Transportes de Coslada, 28.821, Coslada (Madrid).
Sociedad Estatal Correos y Telégrafos, S.A., S.M.E.” (hereinafter “Correos”), with registered office at Vía Dublín nº 7 (Campo de las Naciones) 28070 Madrid (Spain), CIF number A83052407.
Deutsche Post AG (hereinafter DHL) with registered office at Charles-de-Gaulle-Straße 20, 53113 Bonn (Germany) and DE169838187.
SEUR, S.A., a Spanish company with tax identification number A-28985992 (hereinafter “SEUR”), with registered office at Calle Gamonal 6 (28031), Madrid, Spain and registered in the National Register of Associations, Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain).
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those which the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation, unless there is a clearly obvious typographical error (e.g. an item with a value of € 125.00 is shown as € 12.50).
Accepted means of payment will be: Credit or debit card, PayPal, Bank Transfer and Bizum.
Likewise, the User will be able to pay all or part of the price of the purchase with a gift card and/or a credit card issued by Daring Light and/or Sergio Martínez Anaya.
Daring Light uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during the transactions through the Website. As such, the Web Site uses a secure payment system SSL (Secure Socket Layer).
The credit cards will be subject to verifications and authorisations by the issuing bank, if said bank does not authorise the payment, Daring Light will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User.
Once Daring Light receives the purchase order from the User through the Web Site, a pre-authorization will be made in the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge in the card will be made at the moment in which the confirmation of shipment and/or confirmation of the service provided in the form and, in its case, established places, is sent to the User.
If the means of payment is PayPal, gift card or credit card, the charge will be made at the moment in which Daring Light sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on “Confirm order” the User confirms that the payment method used is his own, or that, if applicable, he is the legitimate holder of the gift card or of the credit card.
The purchase or acquisition orders in which the User selects as means of payment the bank transfer will be reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Daring Light for the Web Site.
When the system receives the transfer, the order will be prepared and managed for shipment.
By means of this method of payment, the User must ensure that he/she enters correctly the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, Daring Light will not be able to validate the order, which will be cancelled.
MAINLAND SPAIN: 6,99 € SHIPPING COSTS OR FREE SHIPPING FROM A MINIMUM PURCHASE OF 75 €.
BALEARIC ISLANDS: 8 € SHIPPING COSTS OR FREE SHIPPING FROM A MINIMUM PURCHASE OF 85 €.
CEUTA AND MELILLA: 18 € SHIPPING COSTS OR FREE SHIPPING FROM A MINIMUM PURCHASE OF 200 €.
CANARY ISLANDS: 26 € SHIPPING COSTS OR FREE SHIPPING FROM A MINIMUM PURCHASE OF 250 €.
**** ITEMS PURCHASED IN THE CANARY ISLANDS, CEUTA AND MELILLA ARE EXEMPT FROM VAT AT 21%.
IT WILL BE THE CUSTOMER WHO WILL BE RESPONSIBLE FOR THE TAXES THAT ARE BILLED ONCE THE GOODS ARE RECEIVED (IGIC OR IPSI). IF THEY ARE NOT PAID ON RECEIPT AND THE PACKAGE IS RETURNED TO DARING LIGHT, THE CUSTOMER WILL BE REFUNDED THE AMOUNT OF THE ORDER MINUS THE COSTS THAT THE COURIER INVOICES US FOR THE RETURNED PACKAGE AND SHIPPING.
ATTENTION TO THE POSSIBLE DOCUMENTS OF THE CUSTOMER THAT COULD BE REQUESTED TO PROVIDE THE COURIER COMPANY. NORMALLY IT IS THE DNI, SO PROVIDE IT IN THE ORDER****
PORTUGAL: 8 € SHIPPING COSTS OR FREE SHIPPING FROM A MINIMUM PURCHASE OF 85 €.
GERMANY, AUSTRIA, FRANCE, ITALY, BELGIUM, LUXEMBOURG AND THE NETHERLANDS: 14 € SHIPPING COSTS OR FREE SHIPPING WITH A MINIMUM PURCHASE OF 100 €.
SLOVAKIA, SLOVENIA, HUNGARY, POLAND, DENMARK, IRELAND AND THE CZECH REPUBLIC: 16 € SHIPPING COSTS OR FREE SHIPPING FROM A MINIMUM PURCHASE OF 200 €.
CROATIA, ESTONIA, LATVIA AND LITHUANIA: 20 € SHIPPING COSTS OR FREE SHIPPING FROM A MINIMUM PURCHASE OF 260 €.
BULGARIA, FINLAND, ROMANIA, GREECE, SWEDEN, SWITZERLAND AND SWEDEN: 26 € SHIPPING COSTS OR FREE SHIPPING FROM A MINIMUM PURCHASE OF 260 €.
ANDORRA, NORWAY, UNITED KINGDOM, BOSNIA AND HERZEGOVINA, SERBIA AND MONTENEGRO: 35 € SHIPPING COSTS OR FREE SHIPPING FROM A MINIMUM PURCHASE OF 400 €.
(SHIPPING COSTS TO REMOTE AREAS AND OTHER ISLANDS ARE +16 €, CHECK AVAILABILITY).
*CUSTOMS DUTIES ARE NOT INCLUDED IN THE PRICE OF THE ITEM OR IN THE SHIPPING COST AND IT IS THE BUYER’S RESPONSIBILITY TO PAY THEM.
IT WILL BE THE CUSTOMER WHO WILL BE RESPONSIBLE FOR THE TAXES THAT ARE BILLED ONCE THE GOODS HAVE BEEN RECEIVED. IF THEY ARE NOT PAID ON RECEIPT AND THE PACKAGE IS RETURNED TO DARING LIGHT, THE CUSTOMER WILL BE CREDITED THE AMOUNT OF THE ORDER MINUS THE COSTS THAT THE COURIER INVOICES US FOR THE RETURNED PACKAGE AND SHIPPING.
In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe.
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, for which it is responsible, Daring Light cannot comply with the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to continue with the purchase establishing a new delivery date or to cancel the order with the total reimbursement of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Daring Light to arrange delivery on another day.
In the event that 30 days have elapsed since the order is available for delivery, and it has not been delivered for a cause not attributable to Daring Light, Daring Light will understand that the User wishes to withdraw from the contract and the contract will be considered to be terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him/her, with the exception of the additional expenses resulting from the User’s own choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered to be terminated.
However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be charged to the User.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that the products could derive from the products will be charged to the User from the moment of their delivery. The User acquires the ownership of the products when Daring Light receives the complete payment of all the amounts due in relation to the purchase or acquisition made, including the shipping costs, or at the moment of delivery, if this takes place at a later moment than the complete reception of the amount object of payment by Daring Light.
In accordance with the provisions of the Law 37/1992, of 28 December, of the Value Added Tax (VAT), the purchase orders for their delivery and/or provision will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT in accordance with the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The User must bear in mind that in these territories there may be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these may be borne by the User.
For all other locations, other than the above, where purchase orders will be located, the regulations in force at any given time will be applied for their delivery and/or provision; the User must take into account that this may give rise to the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these may be borne by the User. For further information, the User should contact the customs office at destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Web Site, he/she can modify the same by contacting Daring Light through the contact spaces provided on the Web Site, and, where appropriate, through those provided to contact customer service, and/or using the contact data provided in the first clause (General information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on “Confirm order”, has access to the space, trolley or basket where his or her purchase requests are recorded and can make modifications.
In the cases in which the User acquires products on or through the Website of the owner, he/she has a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the goods purchased on the Daring Light Website or in the event that the goods that make up his order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the latter, other than the carrier, acquired the material possession of the last of these goods that made up the same purchase order, or in the case of a contract for services, 14 calendar days from the day of the conclusion of the contract.
In order to exercise this right of withdrawal, the User must notify his decision to Daring Light. He/she will be able to do so, where appropriate, through the contact spaces enabled in the Web Site.
The User, independently of the means chosen to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User will be able to use the model of withdrawal form that Daring Light places at his disposal as an annexed part of these Conditions, however, its use is not obligatory.
In order to comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the expiry of the corresponding period.
In case of withdrawal, Daring Light will reimburse to the User all payments received, including the shipping costs (with the exception of the additional costs chosen by the User for a mode of shipping different from the least expensive mode offered on the Website) in the peninsula, except for international shipments without any undue delay and, in any case, no later than 14 calendar days from the date on which Daring Light is informed of the decision to withdraw by the User.
Daring Light will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This reimbursement will not generate any additional cost to the User. Nevertheless, Daring Light could withhold said reimbursement until it has received the products or articles of the purchase, or until the User presents a proof of the return of the same, depending on which condition is fulfilled first.
The User will receive the details for the return once he/she informs us of the return.
And must do so without any undue delay and, in any case, at the latest within 14 calendar days from the date on which Daring Light was informed of the decision of withdrawal.
The User acknowledges knowing that he/she will have to assume the direct cost of return (transport, delivery) of the goods, should any be incurred. Moreover, he/she will be responsible for the diminished value of the products resulting from a handling other than that necessary to establish the nature, the characteristics and the functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In the same sense, the provision of a service that the User could contract in this Web Site is governed, as this same Law establishes that the Right of withdrawal will not be granted to the Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been completely executed by Daring Light, he will have lost his right of withdrawal.
In any case, no reimbursement will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
You can download the Model Cancellation Form at the following link: firstname.lastname@example.org
Return of defective products or delivery error
These are all those cases in which the User considers that, at the moment of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, he/she should contact Daring Light immediately and inform him/her of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for products that are returned because of a defect, where such a defect actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in making the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.
The User, as a consumer and user, enjoys guarantees on the products that can be acquired through this Web Site, in the terms legally established for each type of product, Daring Light being liable, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract as long as: they adjust to the description made by Daring Light and possess the qualities presented in the same; they are apt for the uses to which the products of the same type are ordinarily destined; and they present the usual quality and benefits of a product of the same type and that are fundamentally expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Daring Light will not accept any liability for the following losses, regardless of their origin:
any losses that are not attributable to any breach by you;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between both parties.
Daring Light also limits its liability in the following cases:
Daring Light applies all the measures concerning to provide a faithful visualization of the product in the Web Site, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used or others of this nature.
Daring Light will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages coming from a malfunctioning of the transport, especially for causes such as strikes, road delays, and in general any others typical of the sector, that derive in delays, losses or thefts of the product.
Technical failures due to fortuitous or other causes that prevent the normal operation of the service via the Internet. Lack of availability of the Web Site due to maintenance or other reasons, which prevents the availability of the service. Daring Light puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, nevertheless it exempts itself from responsibility for causes that are not attributable to it, fortuitous events or force majeure.
Daring Light will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Daring Light will also not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Daring Light will not be responsible for any non-fulfilment or delay in the fulfilment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is to say, that are due to force majeure, and this may include, as a
by way of example but not exhaustive:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Daring Light will have an extension in the term to fulfil them for a period of time equal to the duration of the cause of force majeure. Daring Light will use all reasonable means to find a solution that allows it to fulfil its obligations in spite of the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User accepts that most of the communications with Daring Light will be electronic (electronic mail or notices published in the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Daring Light sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with Daring Light through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Web Site.
Likewise, unless otherwise stipulated, Daring Light can contact and/or notify the User by e-mail or at the postal address provided.
No waiver by Daring Light of any particular legal right or action or failure by Daring Light to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies under any contract or the Conditions, or relieve the User from the performance of its obligations.
No waiver by Daring Light of any of the present Conditions or of the rights or actions derived from a contract will be effective, unless it is expressly established that it is a waiver and is formalised and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
13. ENTIRE AGREEMENT
The present Conditions and any document to which express reference is made in these constitute the complete agreement existing between the User and Daring Light in relation to the object of sale and purchase and substitute any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and Daring Light recognise having consented to the conclusion of a contract without having relied on any declaration or promise made by the other party, except for that which is expressly mentioned in the present Conditions.
14. DATA PROTECTION
15. APPLICABLE LEGISLATION AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Web Site, or with the interpretation and execution of these Conditions, or with the sales contracts between Daring Light and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to Daring Light his complaints, claims or any other comment that he wishes to make through the contact details that are provided at the beginning of these Conditions (General Information).
In addition, Daring Light has official complaint forms at the disposal of the consumers and users, which they can request from Daring Light at any time, using the contact details that are provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Daring Light and the User, the User as a consumer can request an extrajudicial resolution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.
17. REVIEWS OF ITEMS PURCHASED
Once an order has been completed, the User will receive one (1) email, one (1) day after indicating the COMPLETED status on their order. This email will be sent from CUSREV, Customer Reviews Ltd on behalf of Daring Light.
In it the User will be invited to make an evaluation of the purchased articles, without any commitment.
Subsequently, if the User has decided to create a review of the article purchased, he/she will receive a discount coupon for a future purchase.
Likewise, the user will be able to unsubscribe from this e-mail, there being a section enabled for this purpose.
18. COPYRIGHT AND TRADEMARK
Daring Light Exclusive Fragrances is a registered trademark. The use of the Daring Light Exclusive Fragrances trademark, including both the name and the logo, by any means whatsoever by others is prohibited without the express consent of Daring Light. All rights are reserved.
In the same way, the own contents, the programming and the design of the website https://daringlight.com/ is fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the aforementioned protected elements, except with the express consent of Daring Light.
Daring Light can use external sources for the elaboration of its contents and establish links or hyperlinks to articles or information of third parties, always quoting the source. The legitimate owner of the copyright of the information thus included may request at any time the elimination of the referred contents.
The materials, both graphic and written, sent by the users through the means placed at their disposal on the web site are the property of the user, who, on sending them, affirms their legitimate authorship and cedes the rights of reproduction and distribution to Daring Light.
Daring Light will in no case be responsible for:
– The failures and incidences that could occur in the communications, erasure or incomplete transmissions in such a way that it is not guaranteed that the services of the web site are constantly operative.
– For the production of any type of damage that users or third parties may cause to the website.
– For the reliability and veracity of the information introduced by third parties on the website, either directly or through links.
Daring Light reserves the right to suspend access without prior notice in a discretionary manner and on a definitive or temporary basis until the effective responsibility for the damages that could occur is assured.
Daring Light will collaborate and will notify the competent authority of the incidences previously indicated at the moment in which it has reliable knowledge that the damages caused constitute any type of illicit activity.
20. JURISDICTION AND APPLICABLE LAW
These general conditions are governed by Spanish law. The Courts of Barcelona are competent to resolve any controversy or conflict arising from these general conditions, and the user expressly renounces any other jurisdiction that may correspond to him/her.