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General terms and conditions
General terms and conditions
Introduction
This contractual document shall govern the General Terms and Conditions for the purchase of perfumery, cosmetics and household products (hereinafter «Terms») through the website. www.papaduk.com, owned by PAPADUK LUXURY SL under the trade name of PAPADUK LUXURY SL, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website at the disposal of the USER to reproduce them and keep them as confirmation of the contract, and may be modified at any time by PAPADUK LUXURY SL. It is the responsibility of the USER to read them periodically, as those that are in force at the time of placing an order will be applicable. PAPADUK LUXURY SL will file the electronic document where the purchase is formalised and will keep it at the disposal of the USER in case he/she requests it.
Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- A person with sufficient capacity to contract.
- It assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the retailer is responsible for and is aware of the legislation in force in the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the perfumery, cosmetics and household products contracted by the USER is PAPADUK LUXURY SL, with registered office at Avenida Sant Joan de Labritja, Nº18, Local Bajo 2 , 07800 Ibiza (ILLES BALEARS), NIF B16670689 and customer service telephone number 971238289.
On the other hand, the USER, registered on the website by means of a user name and password - if he/she has an account - for which he/she is fully responsible for the use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify this to the following e-mail address info@www.papaduk.com so that PAPADUK LUXURY SL can correct them as soon as possible.
The USER may keep his/her data updated by accessing his/her user account.
Recruitment procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.
The USER will select a user name and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
1. General terms and conditions.
Returning your order has never been easier. To prepare your return, package the unwanted items and simply attach the label generated in the returns portal to the front of the parcel.
2. Shipping and delivery of orders.
The PROVIDER will not send any order until it has verified that payment has been made.
Shipments of goods will usually be made by Correos Correos Express or Correos Correos Correos, depending on the destination freely designated by the USER.
The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.
The delivery time will be between 2 and 7 working days, depending on the destination town and the chosen method of payment. The estimated shipping and delivery date will be provided prior to order confirmation.
Failure to perform the contract remotely
In the event of not being able to execute the contract because the contracted product or service is not available on time, the USER will be informed of the lack of availability and that he/she will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations set out in this contract.
It is the USER's responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
3. Right of withdrawal.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the contract of sale if it is a provision of a service, to exercise the right of withdrawal, regulated in the article 102 of the 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, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the date of expiry of the initial withdrawal period, in accordance with the Article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in the Article 103 of RDL 1/2007, and which relate to here
All returns must be communicated to the PROVIDER, by e-mail to orders@www.papaduk.com or by using the returns portal, indicating the corresponding invoice or order number.
In the event that the return is not made in the original delivery packaging, the PROVIDER may charge the USER the cost of €9.99, informing the USER in advance through the same communication channel used.
Once the USER has received the return number, he/she will send the product to the PROVIDER using the returns portal. Transport costs shall be borne by the USER.
4. Online complaint and dispute resolution
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: PAPADUK LUXURY SL, Avenida Sant Joan de Labritja, Nº18, Local Bajo 2 , 07800 Ibiza (ILLES BALEARS)
Telephone: 971238289
E-mail: orders@www.papaduk.com
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. Force majeure.
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
6. Competition.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
7. Generalities of the offer
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of PAPADUK LUXURY SL or to what is stipulated herein, will have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.
8. Price and period of validity of the tender
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making your purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER when placing the order. The invoice will be sent automatically to the email address provided and will also be available for download in PDF format from the management panel of the website, accessing with the user account.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number 971238289 or by e-mail at the following address orders@www.papaduk.com.
9. Transport costs
The prices published in the shop do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.
The transport tariff (including VAT) applied is as follows:
Mainland Spain up to 2 Kg: 9.99 €.
Mainland Spain > 2 Kg up to 10 Kg: 12.99 €.
Mainland Spain > 10 Kg: 19.99 €.
Outside mainland Spain up to 2 Kg: 19.99 €.
Outside mainland Spain > 2 Kg up to 10 Kg: 25.99 €.
Outside mainland Spain > 10 Kg: 35.99 € + 5.99 €/KG
10. Payment methods, charges and discounts.
The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:
- Credit card
- Paypal
The USER may use a discount coupon prior to the completion of the purchase if the USER has received one from the PROVIDER. Welcome and promotional vouchers are for one-time use only per user and apply only to orders over €100. In the case of promotional coupons that include a gift, this will be selected by Papaduk and its value will depend on the total amount spent.It is important to note that vouchers cannot be combined with other offers or discounts, and some brands are excluded from their application. In addition, only one voucher may be used per order.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
It is prohibited under the card brand programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. Purchasing process
You can add any product from our catalogue to your basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
1. - Verification of invoicing data.
2. - Verification of the shipping address.
3. - Selection of the method of payment.
4. - Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed.
Orders (purchase requests)
Information on the status of the order and the approximate shipping and/or delivery date will be provided prior to order confirmation.
12.Unbundling and suspension or termination of the contract
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, licence, regulation, directive, code of practice or policy applicable to it.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. Warranties and returns
The guarantees will respond to what is regulated in the Title referred to “Guarantees and after-sales services” of the 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, which you can access by clicking here. here
14. Applicable law and jurisdiction.
These conditions shall be governed by or interpreted in accordance with Spanish legislation in all matters not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.
15. Right of withdrawal
To the attention of:
RIGHT OF WITHDRAWAL
Name: PAPADUK LUXURY SL
VAT NO: B16670689
Address: Avenida Sant Joan de Labritja, No18, Local Bajo 2 , 07800 Ibiza (ILLES BALEARS)
Town: Ibiza
Telephone: 971238289
E-mail: info@www.papaduk.com
Details of the good/provision to be withdrawn:
Contract/order/invoice No:
Date of contract/order/invoice:
Date of receipt of the product/service: Description of the product/service:
Consumer/user data:
Name: Address: Town: * Telephone: * E-mail:
(* data not mandatory)
Right of withdrawal:
You may exercise the right of withdrawal within the statutory period of 14 days from the day following the date of a service contract or the day of receipt of a product.
In accordance with article 102 and following articles of the 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, I hereby inform you that I withdraw from the contract of sale of the good/provision described above within the established term, for which I would be grateful if you would contact me using the contact details provided, to notify me that this request has been made.
Date of application:
Signature of the consumer/user:
16. Information on Complaints Sheets
Distance selling professionals or companies, such as e-commerce, which do not have establishments or premises open to the public, but which operate within certain autonomous communities, must have complaint forms and are obliged to inform consumers of their existence and how to access them.
Although we recommend consulting the provisions of each Autonomous Community in this regard, the following link to the Ministry of Consumer Affairs website provides information on the legislation on Complaints Forms by Autonomous Community:
www.consumo.gob.es/es/consumo/hojas-de-reclamaciones
We therefore recommend that E-COMERCEs whose owners carry out their activity in any of these Autonomous Communities that require information on the existence of Complaints Sheets available to users or consumers include this information in section 4 of the complaints section of the general contracting conditions, an example of how to comply with this obligation could be the following wording:
4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION
PAPADUK LUXURY SL informs that it has Complaints Sheets available to users or consumers who request them, they can access them by requesting them from any of the contact details indicated below; even if it is not through a Complaints Sheet, any complaint that the user or consumer considers appropriate to make will be dealt with as soon as possible, at any of the following contact details of PAPADUK LUXURY SL:
Postal: PAPADUK LUXURY SL Avenida Sant Joan de Labritja, No18, Local Bajo 2, - 07800 Ibiza (Illes Balears)
Telephone: 971238289
E-mail: info@www.papaduk.com
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/