General Contract Terms

 

1.    THE PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACT TERMS:

(hereinafter also the General Terms and Conditions or GTC)

The party of the first part, the supplier of the products,  APOEM BEAUTICEUTICAL DIVISION S.L., whose trade name is APOEM (hereinafter also the provider), with registered office at Parc Tecnologic del Vallès , Ronda de Can Fatjò 8, 1ra, 08290 in Cerdanyola del Vallès, Barcelona, tax identification number (NIF) B64878689, customer service telephone number 930130465, and e-mail: apoem@sepai.eu, as owner of the website www.apoem.eu, presents the contractual document that will govern the contracting of products through the aforementioned website.

The party of the second part, the User–Customer (hereinafter the user), registered on the website by means of a username and password, for which they hold the full responsibility for use and custody, being responsible for the veracity of the personal data given to the provider.

BOTH PARTIES ACCEPT this document, which entails the user:

  1. Has read and understood the provisions set out herein.
  2. Is of legal age and has sufficient capacity to enter into contracts.
  3. Assumes all of the obligations set forth herein.
  4. Has read and accepts these general terms and conditions of purchase from the moment they purchase any product offered.

This document may be printed out and kept by users.

The provider makes the following email address, apoem@sepai.eu available to users for any questions that may arise about these conditions.

These conditions will be valid for an indefinite period and will be applicable to all contracts executed through the provider’s website, www.apoem.eu.

The provider reserves the right to unilaterally modify these General Terms and Conditions, without affecting the goods or promotions acquired prior to the modifications, in order to improve the products offered. In any case, these General Terms and Conditions must be consulted before purchasing any products.

We recommend keeping a copy of the data contained in the products purchased.

APOEM is not liable for any consequences that could result from improper use of the products sold on the website.

The civil liability of APOEM for the products supplied is limited to the value of the same. The user waives the right to hold APOEM liable for any item in the event of dissatisfaction with the products purchased on the website web www.apoem.eu, as well as possible malfunctions, slowness of access, or errors in accessing the website, including loss of data or any other type of information that could exist on the computer or network of the user accessing the website www.apoem.eu.

APOEM is a company specialized in the distance selling of facial and body care products.

2.    PURPOSE OF THE CONTRACT:

2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of purchase and sale between the provider and the user at the moment in which the latter accepts these purchase conditions during the online contracting process by ticking the corresponding box. These GTC will apply from the day that the order is placed.

The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price that has been publicly displayed on the website, of a specific product.

   2.2 Territory of application: The online store of www.apoem.eu is active worldwide.

2.3 Capacity to contract: In order to place an order, you must be of legal age and have the capacity to enter into contracts.

2.4 Customer acceptance: The validation of an order through the website www.apoem.eu is carried out by email and implies the automatic acceptance of the GTC. These conditions are available on the website www.apoem.eu or, if desired, we can make them available to you by email.

 

2.5. Modification of the General Terms and Conditions: APOEM reserves the right to make changes and/or modifications to these GTC. We advise our customers to review them regularly. If these changes or modifications are made after an order has been placed, the conditions in force on the date in which the order was placed will apply.

3.    INFORMATION PROVIDED ON THE WEBSITE WWW.APOEM.EU:

3.1 Publication of prices: The prices of the products are those shown for each product on our website, www.apoem.eu.

                3.2 Product information: The information contained in our advertising, brochures, other written material, on our website or provided to you constitutes an invitation to make a purchase. The contents of www.apoem.eu are constantly renewed and updated to offer our customers the most complete and detailed information possible. All contractual information on www.apoem.eu is displayed in Spanish and English and communication with customers and users, as well as the formalization of the contract, will be in one of the languages indicated as selected by the user.

 

3.3 Availability of product(s): There may be occasions when it is impossible to supply all of the products because they are not in stock or available at the time of purchase. In these cases, the product in question will be displayed but not available for purchase.

 

3.4 Right of cancellation: APOEM reserves this option (the right of cancellation) in respect to the shipment a specific product that does not meet the quality requirements imposed on all products of www.apoem.eu. In the event that this lack of quality is detected, APOEM’s customer service department will suggest a replacement product and, if the replacement is not to the customer’s liking, the cost of the product will be refunded.

 

3.5 Orders 24 hours a day, every day of the year: Orders can be received twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although orders placed after twelve (12:00) hours will not be processed until the next working day in Cerdanyola del Vallès. Orders received on Fridays after the time indicated and on Saturdays and Sundays, will be processed on Monday or the first working day. Delivery times are detailed in section 5 of these terms and conditions.

3.6 Fraud: If APOEM suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

4.    PURCHASING PROCEDURE:

The user, in order to purchase the products offered by the provider, may:

  • register with the website by creating a user account. To do so, the user must freely and voluntarily provide the personal data that will be required.

The user will select a user name and password, undertaking to make diligent use of the same, and not to make them available to third parties, as well as to notify the provider of their loss or theft or possible access by an unauthorized third party, so that the provider may proceed to its immediate blocking.

The user may not choose as user name words that are intended to confuse others by identifying him/her as a member of the provider, or that are offensive, abusive and generally contrary to the law or the requirements of morality and decency.

  • Make the purchase as a guest. This website also allows to purchase as a guest. In this mode of purchase, you will be asked only the essential data to process your order. Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.

You are informed that in accordance with the requirements of art. 27 of Law 34/2002 of Services of the Information Society and Electronic Commerce, the contracting procedure will follow these steps:

  1. Choose the products by clicking on them, and they will be automatically added to the “shopping cart”.
  2. If you wish to add more products, you can continue shopping. If by mistake you have added something you do not want, you can remove it from the shopping cart by clicking on the X that appears on the right side.
  3. Once you have chosen the product(s), you must click on the “view cart” tab to place the order. When you click on this option, you will see the confirmation of the purchase (summary of the order placed, your data and chosen payment method).
  4. The user’s credentials will be requested in three ways:
    1. user registration: if you are not a registered user, in order to make the purchase (such registration is free), you must complete a data collection form (in which you will have to accept the Privacy Policy. Once completed, you will receive an e-mail confirming your registration at the e-mail address indicated.
    2. If you are already registered and are already a customer: you can access your data by clicking on the registered user button and entering your username and password
    3. Purchase as a Guest: certain personal data is requested in order to place the order and subsequent delivery, and then the user’s consent to save their data is requested. If provided, it is saved and information will be sent to you about our products if you allow it, otherwise the data will be saved for future purchases only.

Check the spam and junk mail controls in your email inbox and always verify that the contact details you provide are correct.

  1. Once you have filled in your personal data or logged in to your account, a check box will appear which must be ticked as this is your acceptance of these General Terms and Conditions and the Privacy Policy.
  2. To complete the process, click on the Complete Purchase button.

In any case, once the contracting procedure has been completed, the provider’s contracting platform will inform the user by email of all the characteristics, price, transport methods, contracting date, and delivery times for the purchased product(s).

If there is any type of error in the address given or in any other aspect of the order, you must notify us of this immediately using the email address that will appear on the website in order to rectify the error.

If you have any questions, you may contact our customer service department using any of the methods provided on the website, www.apoem.eu.

APOEM will provide customer service for FREE through our contact email, apoem@sepai.eu, If you choose an alternative means of communication, you will be responsible for its cost.

APOEM provides telephone numbers in Spain subject to the cost charged by your telephone operator.

5.       SHIPPING:

5.1 Shipping costs: The costs of shipping will be applied as follows:

For orders in Spain the shipping will be free, while for the rest the cost or lack of cost will be as follows:

Country Free shipping Shipping Cost
Andorra, Austria, Belgium, France, Germany, Gibraltar, Italy, Luxembourg, Monaco, San Marino, United Kingdom, Vatican The shipping is free if the order value is higher than 50 euros €19
Denmark, Finland, Ireland, Iceland, Norway, Sweden €36
Armenia, Azerbaijan, Cyprus, Georgia, Iran, Iraq, Israel, Jordan, Kazakhstan, Lebanon, Pakistan, Saudi Arabia, Syria, United Arab Emirates, Albania, Belarus, Bosnia and Herzegovina, Bulgaria, Estonia, Greece, Eat Macedonia and Thrace, Greece; Central Macedonia, Greece; Central Macedonia, Greece; West Macedonia, Greece; Hungary; Lithuania; Molvoda; Montenegro; Romania; Russia; Serbia; Turkey; Ukraine. €30
North America, Canada, United States (US), Mexico The shipping is free if the order value is higher than 70 euros €55
South America, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay €57
Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama €60
Asia, China, India, Indonesia, Japan, Laos, Malaysia, Mongolia, Nepal, Philippines, Singapore, Sri Lanka, Taiwan, Thailand, Vietnam Shipping is free if the order value is higher than 80 euros €61
Africa, Algeria, Angola, Central African Republic, Egypt, Eritrea, Kenya, Libya, Madagascar, Morocco, Mozambique, Somalia, South Africa, South Sudan, Sudan, Tanzania, Tunisia, Zimbabwe €61

When the user-customer adds the product to the cart and confirms the shipping address, the system will automatically show the shipping cost mentioned above.

5.2 Shipping address:

 

The delivery of orders will be made at the delivery address freely designated by the user. Thus, the provider assumes no responsibility if the delivery of the product does not take place because the data provided by the user are false, inaccurate or incomplete or if the delivery can not be made for reasons beyond the control of the shipping company such as the absence of the recipient.

The order will be delivered during normal working hours.

Notwithstanding the foregoing, the Provider has taken the measures required of a diligent merchant to ensure that the delivery can be made within the agreed time, for which reason no liability whatsoever may be attributed to the Provider.

Shipments are made to the countries indicated in section 5.1

APOEM will make every effort to ensure that your order is delivered within the timeframe stated on our website at the date your order confirmation is issued.

5.3 Delivery times: The delivery time is usually around:

  • Mainland Spain: 24h
  • EU and rest of the world: 2-4 days
  • Canary Islands: 2 days

This can vary depending of the product, destination and form of payment chosen. This delivery time applies if availability of the product has been confirmed and full payment of the order has been verified. In the case of products not available at the time of purchase, our Customer Service can inform you about their availability.

If you have requested several products in a single order, please note that they may have different dates of availability, in which case you could receive them on different dates. Please note that, in the event of the non-availability of any of the references at the time of shipment, you have the right to cancel the order at any time prior to shipment by contacting our customer service at the email address, apoem@sepai.eu specifying the order number.

 

5.4 Shipment confirmation: At the time of delivering the order to our carrier, we will send the shipment confirmation to the email address you provided when placing the order. In the shipment confirmation, we will provide you with the corresponding tracking number so that you can track it through the carrier’s website.

5.5 Damage during delivery: Products are shipped in secure packaging. If at the moment of delivery, it is clearly and visibly apparent, without the need to manipulate the shipping container or the product itself, that a product has defects caused by damage during transport or that there is an error in the goods received, the customer must immediately contact our customer service department at 930130465 or by email at apoem@sepai.eu, to be able to request the return of the product or products affected and proceed to replace them with others in optimum conditions or refund the price paid for them, as indicated in said email.

Similarly, if damage to the product is detected after the package has been opened, with the packaging in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of being aware of it by contacting our customer service department at 930130465 or by email at apoem@sepai.eu

6.       PRICES AND OFFER VALIDITY PERIODS:

All prices displayed in the store www.apoem.eu include the VAT in force at the time of purchase. All prices shown on the website are valid and will be expressed in the euro currency (€). These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance, or any additional services connected with the product or service acquired.

VALUE ADDED TAX: In accordance with the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of the products will be understood to be located within the Spanish VAT territory if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at the given time, in accordance with the specific article in question. For orders shipped to the Canary Islands, Ceuta, and Melilla, the deliveries shall be exempt from VAT in accordance with the provisions set out under Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties pursuant to the current regulations in each of these territories.

The user will receive the invoice for the order at the email address provided by the user once the purchase has been made.

The prices applicable to each product will be those published on the website and applied automatically in the last phase of the purchasing procedure.

In cases of promotions with a limited duration, the promotion discount will be applied as long as the order has been registered during the promotional period.

The method of delivery is detailed in section 5 of these general terms and conditions.

The data recorded by the different payment methods constitutes proof of the date on which the financial transactions were made and will be used to determine whether or not said order is subject to promotion or not.

For any information about their order, the user may contact the provider’s customer service department through the phone number or email address provided.

7.       PAYMENT METHODS:

The following systems available:

 

7.1 Payment by credit or debit card: The user must have a valid credit or debit card and must specify all the digits of the card number on the corresponding form. The transaction is formalised at the time of placing the order. Only payments with secure cards are accepted where your identity as the cardholder is authenticated according to the method established by your bank, through secure e-commerce (“Verified by Visa” and “Mastercard SecureCode”). The order cannot be accounted for and will not be processed until the payment has been authorised by your bank or financial institution.

The system known as SSL (Secure Sockets Layer) is used, which is a payment system in a secure environment, because it allows encryption of the information transmitted during the transaction, ensuring its confidentiality.

 

7.2 PayPal: If this payment method is chosen, once the purchase is finalised, you will be redirected to the official PayPal website where you can make the payment. Once payment has been made correctly, your order will be finalised and an email will be sent with the summary of your purchase. By pressing the “Back to the website” button, you will return to our website to view your order and be able to print it out.

PayPal automatically encrypts sensitive data using the most advanced technology available. PayPal has its own privacy policies and APOEM has no liability for these.

7.3 Stripe: The user must have a valid credit or debit card. The operation is formalized at the time of placing the order without the need to be registered on this platform and by means of a payment form where you must specify all digits of the card number, expiration date and CVV code. Only secure card payments are accepted in which authentication of your identity as the cardholder is made.

7.4 Alipay

8.       RIGHT OF WITHDRAWAL:

8.1 Right of withdrawal: The user can exercise his right of withdrawal during a period of 14 calendar days from receipt of the product, with no penalty; the consumer must be reimbursed the full amount of the purchase, i.e. the price of the product plus shipping costs, during the 14 days following his exercise of the right. Any shipping costs for the return of products shall be borne by the user/consumer. The exercise of the right of withdrawal is not subject to any formalities. The consumer shall only be liable for any diminished value of the goods that results from their handling in a manner which is unnecessary given their nature, characteristics or functioning. This however does not restrict his right of withdrawal. To exercise this right of withdrawal the consumer can fill out the form at the end of these terms and conditions ANNEX: RIGHT OF WITHDRAWAL, with the order number (to obtain the refund of the product/s within no more than fourteen (14) calendar days following receipt of the order) along with the consumer’s contact details. The consumer can send it to us by e-mail to apoem@sepai.eu or by post (by any means permitted by law), always within 14 calendar days of receipt of the order. After this period, the consumer can only request the return or exchange of the product(s) for technical reasons subject to the warranty of the product(s).

You must return the product with all of the items with which it was delivered, without any damage or wear marks of any kind, and that does not denote improper use of the product or use other than as intended, to the address that we have provided.

It is advisable to return the product in its original packaging. If this is not possible, the product could suffer a depreciation in value. The customer will be responsible for the packaging and protection of the product(s) sent as well as for any expenses derived from shipping.

Provided that the products are returned within 14 calendar days without any damage or wear marks and in compliance with the requirements established in this section, we will refund the full amount of the purchase.

Exceptions to the right of withdrawal: The right of withdrawal shall not apply to contracts concerning:

  • the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery
  • the supply of goods made to the specifications of the consumer and user or clearly personalized.

 

8.2 Return due to an error in the order by SEPAI: When the product does not correspond to the one ordered, due to an error attributable to the company, the user must communicate it by e-mail to the company as soon as possible; APOEM will bear the costs of collecting the product sent by mistake and delivering the one corresponding to the one ordered.

8.3 Checking returns: The verification and checking of the products returned will be carried out by APOEM. Once the products are at its facilities, it shall verify that they have been received in compliance with all the requirements established in Section 8.1. In the case of any missing elements, we will inform you in writing by email indicating the content that is missing.

9.       REFUNDS:

When the return occurs (withdrawal is exercised) the amount paid for the product plus shipping costs will be reimbursed. The return expenses will be borne by the consumer-user. The deadline for returns will be a maximum of 14 calendar days, through the same means in which the purchase was made.

10.   APPLICABLE GUARANTEE AND AFTER-SALES SERVICE:

10.1 Guarantee: All products offered through the website are completely original unless otherwise indicated in their description.

10.2 Guarantee in case of defective products: In case of defective product, APOEM shall repair, replace, reduce the price or terminate the contract (as appropriate), which shall be free of charge for the user. APOEM is liable for any lack of conformity that is revealed within three years of delivery; the consumer – user must inform APOEM of the lack of conformity within two months of becoming aware of it.

11.   NULLITY AND INEFFECTIVENESS OF THE CLAUSES:

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these general terms and conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.

12.   ONLINE DISPUTE RESOLUTION:

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the user and the provider, without the need to resort to the courts of law, through the intervention of a third party, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement and may eventually suggest and/or impose a solution for the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.

13.   APPLICABLE LAW AND JURISDICTION:

These conditions will be governed by or interpreted in accordance with Spanish law unless expressly established otherwise. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these General Terms and Conditions to the courts and tribunals of the provider’s registered office (if not considered a consumer for the purposes of the Consolidated Text of the General Law on the Defence of Consumers & Users (TRLGDCU)) or of the user (if considered a consumer for the purposes of the TRLGDCU).

 

14.   APPLICABLE LEGISLATION:

These General Terms and Conditions are subject to the provisions of:

European regulations governing e-commerce:

  • Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive); and
  • Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

Spanish regulations:

15.   COMMENTS AND SUGGESTIONS:

Your comments and suggestions are welcome. Please send us any comments and suggestions through our contact form.

In addition, we have official claim sheets available to consumers and users. You can request them by calling our customer service department at 930130465 or through our contact form.

ANNEX: RIGHT OF WITHDRAWAL

To the attention of:

Name: APOEM BEAUTICEUTICAL DIVISION S.L.

Tax ID: B64878689

Address: Parc Tecnologic del Vallès, Ronda de Can Fatjò 8, 1ra, 08290, Cerdanyola del Vallès, Barcelona

Telephone: 930130465

E-mail: apoem@sepai.eu

Data of the good/provision to be withdrawn:

Order / invoice no.: _______________________________________________

Order / invoice date: ____________________________________________

Date product received: ___________________________________

Product description: _________________________________________

_______________________________________________________________

_______________________________________________________________

Consumer/user data:

Name: __________________________________________

Tax ID: ______________________________________________

Address: _________________________________________

Town: _________________________________________

Telephone: __________________________________________

E-mail: __________________________________

Right of withdrawal:

I hereby inform you that I withdraw from the contract of sale of the goods described above under Article 68 of Royal Legislative Decree 1/2007, of November 16, 2007, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws. Please use the contact details provided above to confirm that you proceed as requested.

Date of application:

Signature of the consumer/user:

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RESPONSABLE TRATAMIENTO: SEPAI BEAUTICEUTICAL DIVISION S.L.
DPD: PYMELEGAL, S.L.
FINALIDAD: Atender la solicitud del usuario.
LEGITIMACIÓN: Consentimiento del interesado.
CESIONES: No se prevén cesiones, excepto por obligación legal o requerimiento judicial.
DERECHOS: Acceso, rectificación, supresión, oposición, limitación, portabilidad, revocación del consentimiento. Si considera que el tratamiento de sus datos no se ajusta a la normativa, puede acudir a la Autoridad de Control (www.aepd.es).
INFORMACIÓN ADICIONAL: https://apoem.eu/es/privacy-cookies-policy/

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DATA CONTROLLER: SEPAI BEAUTICEUTICAL DIVISION S.L.
DATA PROTECTION OFFICER: PYMELEGAL, S.L.
PURPOSE: To fulfill the user's request.
LEGAL BASIS: Consent of the interested party.
ASSIGNMENTS: No assignments are foreseen, except by legal obligation or court order.
RIGHTS: Access, rectification, deletion, opposition, limitation, portability, revocation of consent. If you believe that the processing of your data does not comply with the regulations, you can go to the Supervisory Authority (www.aepd.es).
ADDITIONAL INFORMATION: https://apoem.eu/privacy-cookies-policy/

 

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