GENERAL CONDITIONS OF CONTRACT
OLAND legal information
Controller: Pharmex Advanced Laboratories, S.L.
Trade name: OLAND
CIF/NIF [tax ID code/no.]: B-56055635
Calle Anabel Segura, 16, Edificio 1, Planta 1,
28108 Alcobendas, Madrid.
Companies Register: Companies Register of Córdoba: Sheet CO-37221, Volume 2535, Folio 111
These Terms and Conditions will be applicable to all purchases of products offered through the website www.olandcosmetics.com (hereinafter, “Products”), the offer, price and description of the products set out on said website and, where applicable, the specific conditions of the same set out herein (hereinafter, “Specific Conditions”), will govern the legal relationship between the customer and OLAND Cosmetics, which runs the following websites:
The term of validity of these General Conditions of Purchase will be the period during which they are published on the website and they will refer to the Products at the time when they are available.
We are sorry, but we can only accept purchases made by adults. If you are under 18, please tell your parents or guardians about these General Conditions of Purchase. Your parents or guardians are the ones who must accept these Conditions before this website is used or any purchase made herein.
Identification of the Parties
Pharmex Advanced Laboratories, S.L., hereinafter, “PHARMEX CARE”, which sells cosmetic products, on the one part.
The CUSTOMER, of legal age, whose data are as entered by the same in the corresponding forms, on the other part. All of the data included in said forms have been directly entered by the CUSTOMER, which means that liability for the authenticity of the same directly and exclusively corresponds to the CUSTOMER.
By means of said website, Pharmex Care provides an online platform where the CUSTOMER can place their orders from among a wide range of products, for their subsequent shipment.
When the CUSTOMER makes a purchase, they enter into a legally binding direct contractual relationship with Pharmex Care.
The services provided through the website are for personal, non-commercial use. PHARMEX CARE does not allow the purchase of Products offered through its website for subsequent resale. Therefore, the certificate obtained when acquiring any product is personal and non-transferable.
In order to purchase Products, it is necessary to register on said website. The CUSTOMER may register at any time before starting the purchase process or, where applicable, before confirming the purchase.
Regarding the registration process, the CUSTOMER is solely liable for the quality of the data that they enter in the forms and they accept the obligation to provide data that are true, precise and complete regarding their identity, as requested in the registration, reservation and certification forms, and to update all of the registration data so that they remain true, precise and complete.
The CUSTOMER may, at any time, amend and/or update their data by logging into their User profile on the website, but we advise the CUSTOMER to check that the data entered and/or amended are correct on each visit, particularly their email address and contact telephone number, to avoid future inconvenience.
In order to register, it is essential to be of legal age in accordance with Spanish law, though the person may be resident in any country in the world.
Once the CUSTOMER has entered their data and clicked on the registration button, we will send them a confirmation email to check the authenticity of the data that they provided to us during the registration process. Sending and receipt of the said email is normally automatic and, in any event, it will take place within 24 hours of the registration request being sent. If you have not received a confirmation email within said time period, this may be owing to an exceptional failure in communications or an error in the email address that you provided to us. In both events, contact us by sending an email to email@example.com.
If the CUSTOMER provides false, inaccurate or incomplete data, or if PHARMEX CARE has good reason to suspect that said information is false, inaccurate or incomplete, the latter will have the right to refuse current or future access to, and use of, the website or any of its services.
All of the product information offered by PHARMEX CARE including, but not limited to, prices, specifications, description, size and content, are available to the CUSTOMER on the website and will be shown on the screen in each case.
We try to make sure that the product descriptions that the CUSTOMER can view alongside each product are as precise and useful as possible. However, the colours that the CUSTOMER views on their screen may vary with regard to the original colour of the product.
The photographs and data included in each product description are merely for information purposes; therefore, PHARMEX CARE will accept no liability in the event of errors in said information.
The specifications and prices of the Products are shown on the screen in euros and the applicable taxes are stated and they will, at all times, be the taxes in force, unless there is a typographical error. A breakdown of such taxes will be included on the invoice.
The prices shown on this website are always inclusive of VAT and valid unless there is a typographical error.
Promotional prices depend on stock and the specific characteristics of the promotion.
The prices shown on the website void all prices previously published and are in force at the time of publication. PHARMEX CARE will make every possible effort to maintain these prices, although it reserves the right to amend them without prior notice and will notify the client when they are placing their order. Price changes will not affect orders already placed.
Personal data must be accurately entered to avoid confusion or incidents in the provision of the Service.
The products that the client wishes to acquire should be chosen and added to the shopping cart by clicking on the corresponding icon.
After selecting the desired Products, the CUSTOMER should go to the shopping cart, where they will be asked to fill in the corresponding form that will be shown on the screen alongside a summary of the Products chosen, their total price and any applicable tax.
The CUSTOMER should check the invoice information, the information corresponding to delivery, the delivery method and the payment information.
Finally, the CUSTOMER will be asked to check the order and will be exclusively liable for the accuracy of said data. PHARMEX CARE will not be liable to the CUSTOMER for errors or inaccuracies in the order if the same appear in the order review.
Depending on the chosen payment method, the CUSTOMER may be redirected to an online payment platform where they can finalise their order using any of the accepted payment systems.
Once the different parts of the purchasing form have been completed, the CUSTOMER will be asked to accept these Conditions.
Once the transaction has been confirmed, the CUSTOMER will receive an email containing the information concerning their order and their payment receipt. If this message is not received, it may be owing to a temporary problem in online communications or a typo in the email address that the customer provided. In both events, we recommend that the CUSTOMER contact our customer services department by sending an email to firstname.lastname@example.org.
We also recommend that the CUSTOMER check the information included in said email and, if they detect a mistake, they should contact our customer services department at the email given above.
Methods of Payment and Security
PHARMEX CARE accepts purchases at any time, 24 hours a day, every day of the week.
The only payments it will accept are those made using the following systems:
- Credit card, Through a secure payment gateway.
Confidential data (credit card number, expiry and CVV) are not sent to our server; instead, they are directly encrypted and transmitted through a secure payment gateway, without PHARMEX CARE having access to them.
PHARMEX CARE reserves the right to keep Products back for safety reasons and to temporarily prevent access to Products. Affected CUSTOMERS will be notified. Furthermore, PHARMEX CARE reserves the right to cancel an order if it considers that it is not possible to verify the data provided by the CUSTOMER or if it believes that the Product has been acquired by the CUSTOMER for resale.
PHARMEX CARE will not accept liability for any delivery delays on orders when these are owing to non-authorisation by the payment system.
Shipment and Delivery
The majority of shipments will be made by private carriers and post. The delivery time is normally 24 hours and 100% guaranteed. For small products, shipments will be sent by registered post (for this type of shipment, the company does not guarantee delivery within 24–48 hours). Handling and shipment times depends on product availability in accordance with the stock in our warehouse. Once payment has been received this time period is 24–48 hours.
Shipment costs will be shown on the platform together with the order.
Deliveries will be considered to have taken place once the product has been made available to the customer by the carrier, as shown on the control system used by the carrier. The recipient is responsible for checking the order at the time of delivery and stating, at that time, any reserves and complaints that would seem to be justified; they also have the option to refuse to receive the packet if it has been opened or if there are clear signs of deterioration.
The invoice for the product will be generated when the order is closed, and it will be sent by email. If the order is placed on behalf of a company or by telephone or email, the invoice will be sent by email approximately 15 days following shipment of the product.
Pharmex Care will not accept liability for any possible delays or incidents involving delay in the delivery of the product by the carrier.
Returns sent more than 14 days after purchase will not be accepted even if the item is in good condition, unused and in its original packaging.
To process a return, contact us by telephone or email within the time period stated above and fill in the corresponding withdrawal form mentioned in these conditions.
In the event of force majeure that prevents or delays delivery of the product, the CUSTOMER will be notified and a new delivery date will be offered for the Product, and no liability will be generated for PHARMEX CARE. Force majeure is understood to mean any event that prevents delivery of the order due to unforeseeable circumstances that are not dependent on the parties; such events may include, but are not limited to, strikes, war, floods and other natural disasters, and lack or impossibility of supply of materials.
PHARMEX CARE will do everything in its power to satisfy all of its customers with regard to their demand for its products.
In the event a product is unavailable after the customer has placed their order, they will be informed of the order cancellation by email.
In such event, the speed of the refund to the customer’s bank account will depend on the type of bank card and the conditions of each bank. These terms are detailed in the “Delivery” section.
The CUSTOMER may, at no charge and without having to provide any explanation, cancel their order for any product, provided that the order has not been processed by PHARMEX CARE. The CUSTOMER must take into account that the orders will be processed within 24 business hours after confirmation of the same and validation of the payment method.
To make a cancellation, the CUSTOMER should contact the customer services department.If the order has been processed, it will not be possible to cancel it. However, the CUSTOMER will be able to return their order once they have received it, in accordance with the return conditions below.
Withdrawal, Returns and Exchanges
If, after receiving the Product, the CUSTOMER is dissatisfied, they will have 14 calendar days following the date of receipt of the order to exercise the right to withdraw, return or exchange.
To exercise the right to withdraw, return or exchange with regard to the product purchased, the following conditions must be met:
- The product must be in as-new conditions and in its original packaging. It must not have been opened, unsealed or used.
- It must be returned in the same conditions as those in which it was received with its original packaging intact.
The CUSTOMER has the right to withdraw from purchasing the product ordered within 14 calendar days without having to explain their decision. The withdrawal period will expire 14 calendar days following the date on which the CUSTOMER or a third party took material possession of the product.
To exercise the right to withdraw, the CUSTOMER should give notice of this by filling in the withdrawal form included at the end of these conditions, although use of the same is not mandatory.
To comply with the withdrawal period, it is enough to give notice before the corresponding period comes to an end.
Consequences of withdrawal:
In the event of withdrawal by the CUSTOMER, Pharmex Care will process the return, without undue delay and, in any event, in no more than 14 calendar days following the date on which the CUSTOMER gave notice of their decision to withdraw from the purchase of the product and the product arrived at the Pharmex Care warehouses. Said refund will be made using the same payment method as the one used by the CUSTOMER in the initial transaction unless the CUSTOMER has expressly requested otherwise; in any event, no costs will be incurred as a consequence of the refund.
The CUSTOMER must directly send the products to PHARMEX CARE without undue delay and, in any event, within no more than 14 calendar days as of the delivery date or 14 days from the time when the notice of withdrawal from the agreement was sent. The time period will be considered to have been complied with if the products are returned before said period has come to an end.
The CUSTOMER must bear the direct delivery costs to return the Product.
It will not be possible to withdraw when the products have been removed from their packaging.
If the product purchased has a manufacturing or quality defect, the CUSTOMER may ask to return it within 14 calendar days of acquiring material possession of the product. To this end, the CUSTOMER should send the corresponding request to PHARMEX CARE and send the defective product (in this event, given that it is a manufacturing defect, the shipment costs for the return will be borne by PHARMEX CARE) and it will be exchanged for another identical product at no additional charge to the CUSTOMER unless the CUSTOMER asks for the money to be refunded, in which event, the entire amount paid for the product will be returned within 10 working days following receipt by Pharmex Care of the product at its facilities. The return will take place automatically using the same payment method as the one used for the initial transaction.
To request a product exchange, the CUSTOMER should contact PHARMEX CARE within 14 calendar days of taking material possession of the product.
- Shipment Address for Returns, Exchanges and Withdrawal
- Shipment by post:
always by registered post, to Calle Tapicers 5 (modulo K), 28830 San Fernando de Henares, Madrid.
- Shipment by private carrier (Tourline Express, Nacex, MRW, Chrono Express, Seur, etc.):
Calle Tapicers 5 (modulo K), 28830 San Fernando de Henares, Madrid.
Include a copy of the purchase invoice or delivery note and explain the problem. Deliveries by private carriers will be received only during business hours: 11:00–14:00 and 17:00–20:00, Monday to Friday.
Customers may contact Pharmex Care regarding any issues concerning the after-sales service by sending an email to email@example.com.
Intellectual and Industrial Property
PHARMEX CARE guarantees the CUSTOMER that it owns the intellectual and industrial property rights over the Products sold and/or, where applicable, that it has the necessary authorisation to market the same on its website.
The CUSTOMER acknowledges and accepts that the Products and their content, packaging, materials, etc. are subject to Intellectual and Industrial Property rights that belong to PHARMEX CARE and/or third parties.
The purchase of products and browsing on the website will, in no event, be deemed to be a full or partial waiver, transfer, licensing or assignment to the CUSTOMER of the intellectual and industrial property rights that belong to PHARMEX CARE or, where applicable, the corresponding third party. The CUSTOMER may, in no event, alter, use, reproduce, distribute or publicly communicate the website, its content or the products acquired through the same without the specific, prior, express consent given to this end by PHARMEX CARE or, where applicable, the corresponding third party.
Amendment to the Conditions
PHARMEX CARE reserves the right to amend this agreement when it deems appropriate or in order to adapt said texts to legislative or technological changes or to its contractual relations with third parties. The CUSTOMER will be correspondingly notified of said amendment.
If any part of these conditions should be unlawful and, consequently, invalid, this will not affect the other lawful provisions herein. The parties will renegotiate any void provisions herein and include them as part of the other contract conditions.
Exclusion of Warranties and Liability
PHARMEX CARE will not be held liable for delays or faults that may arise in the access, functioning and operability of the website or its Products or regarding interruptions, suspensions and malfunctions in the same for reasons that are not dependent on PHARMEX CARE or when they are derived from breakdowns caused by natural disasters or circumstances of force majeure or extreme urgency, such as strikes or computer attacks or intrusions (computer viruses that affect devices belonging to users) or any other circumstances of force majeure or acts of God.
PHARMEX CARE reserves the right to interrupt access to its website and the provision of any or all of the content provided through the same at any time and without prior notice, whether for technical, security, control or maintenance reasons or owing to any type of fault in the telecommunication networks or electrical supply.
PHARMEX CARE will not be held liable in the event of service faults, malfunctions or any other events over which it does not have direct control or that are wilfully or negligently caused by the user or by causes of force majeure or those attributable to third parties.
PHARMEX CARE will accept no liability regarding information, data, images of any type or links published on its website coming from third parties and does not issue any warranty concerning the veracity or accuracy of information made available to users or that is provided by the users themselves.
Furthermore, it will accept no liability for direct or indirect damage, consequential damage and/or loss of profits.
The CUSTOMER will hold PHARMEX CARE harmless regarding any liabilities that may be derived from third-party complaints as to right infringements that may arise from their actions.
These General Conditions are governed by applicable Spanish law.
The parties will attempt to amicably resolve any differences that may arise regarding these conditions. In the event that it is not possible to reach an amicable solution and litigation becomes necessary, the parties agree, with express waiver of any other jurisdiction that may correspond to them, and provided it is allowable in accordance with law, to be subject to the jurisdiction of the Courts of Madrid.
(FILL IN AND SEND THIS FORM ONLY IF YOU WANT TO WITHDRAW FROM THE AGREEMENT.)
For the attention of ………………………., telephone number ….., email ….@……
I/We* hereby inform you that I/we* wish to withdraw from the sales agreement with regard to the following item:* ………….**
– Ordered on ….. and received on …..
– Name of consumer(s) and/or user(s)
– Address of consumer(s) and/or user(s)
– Signature of consumer(s) and/or user(s) (required only if a physical copy of this form is sent.)
*Delete as applicable.
**Identify the item by its name, reference, specifications, etc.