1 IDENTIFICATION
Holder: DUARTE Y BELTRÁN, S. A. (hereinafter "Dubesa")
Headquarters: Calle la prensa, 1, 39012 Santander Spain
CIF: A39016589
Public register: Registered in the Commercial Register of Santander, book 76, page 20, sheet 621, 1st entry
Telephone: +34 942 034 040
E-mail: dubesa@inteacosmetics.com
2 OBJECT
Inteacosmetics.eu, .fr, .it, .co.uk and .es web portal belonging to Dubesa, through which a wide variety of parapharmaceutical, aesthetic and cosmetic products are offered for sale through exclusive promotions of a fixed duration, subject to the specific conditions included in this document.
Once the user has checked the corresponding box in the process, acceptance of these Contractual Conditions will take place, the two parties declaring and recognizing their legal capacity and their capacity to act, that the user is of legal age (> 18 years), and that he has previously read and understood the content thereof.
All Dubesa communications with the end customer, including the sending of coupons issued by our platform and essential for the delivery of the products purchased, will be done electronically.
3 OPERATING CONDITIONS OF INTEACOSMETICS.EU, FR, IT. OF. ES and CO.UK.
3.1 PRODUCTS AND / OR SERVICES MARKETED
Dubesa provides its users with a platform from which they can buy products. In any case, Dubesa will not carry out the promotion and / or the marketing of drugs, this activity can be exercised, in accordance with the regulations in force, only by pharmaceutical establishments.
3.2. PROCUREMENT OF CONTRACTS
All users who wish to purchase any type of product or service through the microsite should follow the following procedure:
1. Once the customer has accessed the portal, he must select the products he wishes to buy, and it is very important that he examines the description, as well as the characteristics, conditions, mode and time of delivery, and the final price before starting the purchase procedure.
2. Next, the customer must start the electronic purchase process by adding the product to the basket, pressing the "Add to basket" button, then pressing the "Buy" button.
3. Once the "best basket" purchase option has been located, the user will be able to access the detailed data of the order placed, in particular the shipping costs and the origin of each of the products in the basket.
4. To be able to personalize your purchase and have all the customer's data for delivery, you must be registered on the Dubesa platform. To do this, simply fill in your real and exact data on the form that will be presented to you.
5. Finally, the customer will only have to enter the desired method of payment (PayPal or credit or debit card). At no time will we act as a payment service provider or have access to your bank details, these being directly managed by the banks concerned in our payment gateway.
6. The customer will automatically receive a confirmation email from the website describing all the purchase made, as well as the characteristics of it, without prejudice to the fact that he will have all the information about the order in his private space at within the Dubesa platform, which he can access by entering his registration email and password. If you do not receive the confirmation email, please check your spam account.
For all practical purposes, the sales contract will be deemed to have been signed between the user and Dubesa and perfected at the time when the product actually purchased is delivered to the address chosen by the user.
3.3 PRODUCT DELIVERY PROCEDURE
The products purchased by the customer on the microsite or in the corner of a seller will be delivered to users at the address indicated by them on the form for the purposes of the recruitment procedure.
The different delivery methods offered are described below.
3.3.1 SHIPPING
Home delivery is available for shipments to the countries selected in the "Destinations" tab. The user will receive the order placed at home within the time indicated during the purchase process.
This delivery method is sometimes accompanied by certain shipping costs, which may be invoiced to the user depending on the amount of the order placed.
The information regarding the delivery date, as well as the determined period before which the order must be placed in order to guarantee delivery within this period, will be clearly indicated to the user on the website. In any case, Dubesa will do its utmost and will endeavor to deliver the products purchased on the date indicated. However, in the event of exceptional circumstances or force majeure beyond the control of Dubesa which prevent delivery of the products within the period indicated, to the extent permitted by applicable law, Dubesa cannot guarantee said delivery period, in particular when the user lives in populations that are difficult to access or at high risk. However, it is hereby made known that Dubesa will in any event do its utmost to deliver the products within the time limit. Users who choose this type of delivery, unless otherwise specified on the website, will not have to pay any additional costs because of this choice.
Whichever shipping option you choose, the return procedure will be the same in all cases, as described in these general conditions.
3.3.2. INTERNATIONAL SEA TRANSPOR
Dubesa allows you to make purchases from any country, whether it is a member of the European Union or not, the products being sent by Dubesa through the usual transport agencies. Without prejudice to the above, there are certain countries, cities, localities and / or islands, to which they do not make deliveries, and Dubesa will not make either, being in all cases indicated by Dubesa before proceed with the purchase of the product.
In all cases, and before finalizing the purchase, Dubesa will inform the customer of the maximum delivery time of the order and the total cost of this shipment, without prejudice to the fact that both may be subject to change depending on the delivery destination and the specific circumstances that may be associated with the delivery.
In any case, Dubesa will not be responsible for any customs fees that may apply, or for any retention of the shipment at the customs of the country of destination, since the entry of the contents of the shipment is limited in the country of destination. It is the responsibility of the end user, before making the purchase, to verify that the products purchased comply with all local legal requirements, as well as the customs fees that must be paid to receive the product.
3.4 OFFERS AND PROMOTIONS
Dubesa may launch additional offers, discounts and / or promotions, which will have a fixed duration, being in any case subject to the requirements or the time or availability limits expressly indicated in each specific offer.
4. USER REGISTRATION
Whether you are a Dubesa customer or not, you can register as a user of our platform, in order to periodically receive the launch of campaigns and promotions on products to be marketed, contests and information of interest.
Registration as a user is completely free and can be done electronically using the corresponding form where you must enter all your real and real data, since this is the only way in which we can process your possible orders at the future.
In addition to this procedure, we offer you the possibility of registering as a user through our official page on Facebook, Instagram, etc. or registration campaigns carried out from other web portals authorized as official means of registration as a user.
In no event will Dubesa be responsible for the veracity of the registration data provided by the end users. Each of them is therefore responsible for the possible consequences, errors and failures which could result subsequently from the lack of data quality.
4.1 CONDITIONS OF REGISTRATION AS A USER
As indicated in the conditions of use, the registered user account is personal and non-transferable. Only natural persons, and in no case legal persons, can register as users.
Purchases of products through Dubesa are only authorized to individuals, and in no case to companies and / or professionals who wish to market these products through other sales channels. These groups must purchase these products directly through B2B distribution channels available on request.
4.2 CANCELLATION AS A REGISTERED USER
The user can cancel the service when he wishes, by writing to info@inteacosmetics.eu, indicating UNSUBSCRIBE FROM THE NEWSLETTER, his username. You can also request to stop receiving our email notifications using the same email or the link provided for this purpose in all emails you receive. The unsubscribe procedure for notifications can take 48 to 72 hours.
In all cases, once the cancellation process has been completed, the user may request a new registration as a client, without prejudice to Dubesa's right not to admit said registration in the specific cases specified in the clause entitled "Uses unauthorized "or in the event of a conflict or controversy arising between the parties, to be resolved or terminated with recognition of the client's fault or negligence and / or of the damage caused to Dubesa, his collaborators and associates or his users, customers or potential customers.
5 REMOTE CONTRACTS
In accordance with the provisions of article 23 of law 34/2002, of July 11, on information society services and electronic commerce, contracts concluded electronically will produce all the effects provided for by legal order , when the consent and the other conditions necessary for their validity are met.
In any event, the electronic medium on which these contractual conditions are concluded concluded electronically is admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it will be understood that the monitoring of all phases of the registration process and, where appropriate, the payment of the corresponding economic amount, necessarily involves the provision of the consent required for the contract.
Likewise, and in accordance with the provisions of article 27 of law 34/2002 on information society services and electronic commerce, all information relating to the latter is made available to users before the start of the contracting procedure, which will only be applicable if the user decides to enter into a contract through Dubesa.
5.1 PREVIOUS INFORMATION
In accordance with the provisions of article 23 of law 34/2002, of July 11, on information society services and electronic commerce, contracts concluded electronically will produce all the effects provided for by legal order , when the consent and the other conditions necessary for their validity are met.
In any event, the electronic medium on which these contractual conditions are concluded concluded electronically is admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it will be understood that the monitoring of all phases of the registration process and, where appropriate, the payment of the corresponding economic amount, necessarily involves the provision of the consent required for the contract.
Likewise, and in accordance with the provisions of article 27 of law 34/2002 on information society services and electronic commerce, all information relating to the latter is made available to users before the start of the contracting procedure, which will only be applicable if the user decides to enter into a contract through Dubesa.
Access to the hiring procedure is completely free, with no additional cost associated, apart from the fact that the user has an Internet connection.
All the products sold are perfectly described in the product sheet made available to customers, with the exception of points which are not expressly indicated there.
Dubesa, as an information society service provider, will file the electronic document in which this contract is formalized. This electronic document is accessible to the user by means of the link provided as an attachment, from which it can be downloaded and printed by the end user and where these conditions appear.
Dubesa will put in place adequate and sufficient technical means to identify and correct technical errors in the management of information as soon as it results from its responsibility.
5.2 SALE BY WHATSAPP
To make the purchase, the user must clearly confirm to the operator the specific products he ultimately wishes to buy, as well as provide the requested data, including payment data, in order to complete the operation. In this sense, the user will give his consent to create a user account at Dubesa and include all personal data provided by telephone.
Once this process is completed, the order will be processed by Dubesa, the user will receive a confirmation of the purchase and the order will be sent according to the deadlines indicated on the website or via Whatsapp.
5.3 SALES LIMITATIONS
All our campaigns have a fixed duration, which can be reduced by the sale of all available stock, which will be indicated by Dubesa.
In the event that the sale of the product is subject to any type of limitation, either temporary or due to the availability of units of the product, said limitation will be duly informed in the description of the specific product so that the user is fully aware of it. knowledge before proceeding with the purchase of the product.
The customer can at any time buy any of the products marketed by Dubesa, provided that, in the case of products with a certain limitation, the promotion in question has not been completed or that the stock has been consumed and that this was informed through the platform. In the event that the purchase period does not end before the end of the campaign, Inteacosmetics.com reserves the right to cancel the said purchase, since it was made outside the period of validity thereof.
5.4 ECONOMIC CONDITIONS
The price of the products sold is indicated next to the description of each of them, being used in all cases the official currency Euro (€) and the Pound in the United Kingdom.
5.4.1 PRICE
All product prices are included in the rest of the product description, being public access, without the need to be registered as a user.
All the prices indicated are final prices, expressly including the value added tax (VAT) applicable in Spain at the time of purchase, without prejudice to the fact that the user will have at all times detailed information on the price. of the product.
In the case of offers or promotions, the prices indicated for each product are the prices applicable to the marketing of this product in each specific promotion, each promotion being taken as reference on an individual basis, and Dubesa does not guarantee that the prices indicated will also be applicable in other similar promotions carried out at another time or offered by different sellers from their respective corners or microsites.
5.4.2 SUBSCRIPTION AND INVOICING
Once the user has placed an order and made the corresponding payment through one of the payment methods made available by Dubesa, the platform will send the end customer an email containing all the information relating to the products purchased, their price unit, applicable taxes, as well as the total price of the purchase and the place of delivery.
In all cases, the payment of economic amounts over the Internet will be made via the platform provided by an external financial entity, which will in any case be hosted on a website under SSL secure protocol. For your identification, please confirm that the web address of the page from which you will make the payment begins with https: //.
Dubesa offers the user the possibility of securely storing all the data necessary for making payments, so that it is only necessary to enter it during the first purchase, and only in subsequent processes, user only has to enter a series of identification data. In order to guarantee that Dubesa does not have access to the customer's payment data and that the absolute security and confidentiality of this information is guaranteed, it allows, with total and absolute security, the storage of the data of the card used to pay , so that future purchases will be much faster and easier, just enter the last 4 digits of the card and the type of card in each purchase.
In all cases, the purchase will only be effective when Dubesa receives confirmation of payment from the bank that owns the secure payment gateway. If the transaction is refused by the bank for any reason whatsoever, or if the total amount of the order is not paid (including supplements for management fees and bank transfer fees), the order will be suspended and the end customer will be informed that the transaction has not been completed.
Finally, the user has at his disposal through the private area all the purchases made so far. In addition, you can request an invoice for purchases made by writing to the email address info@inteacosmetics.eu, specifying the identity document or the identification document. This way we can get the rest of the billing data by accessing the customer's user account.
By accepting these conditions, the user expresses his explicit consent to receive the invoice electronically. Once the user has requested the invoice, Dubesa will send the electronic invoice within 5 working days to the email address provided by the user account. If the customer wishes to receive the invoice on paper, he can contact Dubesa indicating the postal address to which the invoice will be sent.
In accordance with current legislation, we warn you that we cannot subsequently modify the invoicing of sales made. Therefore, the invoice will be issued in the name of the account holder who actually placed the order, the customer must therefore ensure to place the order in the correct name. Duplicate invoices cannot be issued to third parties and cannot be issued after the expiration of the warranty period.
5.5 GIFT VOUCHERS AND PROMOTIONAL CODES
Dubesa reserves the right to give gift vouchers and / or promotional or discount codes to its users, as it deems appropriate. Their use may be subject to minimum purchase amounts or other restrictions which will be communicated at any time in the customer's private area and will depend on each type of gift voucher or promotional code.
Once the promotional code entered in the field provided for this purpose, it will become a gift voucher in the customer's private area and will have the same characteristics mentioned here as those stipulated in these conditions.
In all cases, and unless otherwise indicated in the customer's private area, all gift vouchers or promotional codes will be limited to one use and will not be exchangeable for cash. In this regard, we inform you that the excess of the gift voucher will not be kept for future purchases, it is therefore recommended to use the gift voucher for purchases with a value equal to or greater than this.
Dubesa may carry out specific promotions in order to regularly allocate gift certificates to users who make a particular purchase. In the case that, once the purchase in question has been made by the user, the gift voucher assigned to the user's account is not debited, due to any incident in the operating system, Dubesa does not debit the corresponding gift voucher only after receiving the notification of the incident from the interested user. Similarly, once the notice has been received and before the gift voucher is actually allocated, Dubesa must verify compliance with the specific conditions of the promotion, the intention to purchase and the non-cancellation thereof. However, any notification received or processed by Dubesa after the effective date of the gift voucher in question will be considered to have been made outside the terms and conditions of the promotion, in which case the gift voucher will not be transferred to the user.
6 GUARANTEES AND RIGHT OF WITHDRAWAL
6.1 GUARANTEES
Dubesa, and the sellers, guarantee that all the products offered are original products of the brand, with the manufacturer's warranty and without any defect, with their legally recognized warranty periods.
Para pharmacy products (drugs, not considered drugs), cosmetics, food and beauty products are perishable and consumer products and, therefore, do not benefit from a guarantee if they started to be consumed or if the preferential consumption period established for them has elapsed, they benefit from a return guarantee covered by law due to their nature as consumer goods. Consequently, once the products have been withdrawn or, in the case of products delivered to the customer's home, returns will only be accepted in the event of a defect beyond the control of the end customer or of manufacturing defect, provided the product has not been opened.
The rest of the products marketed by Dubesa have the minimum warranty period established by law and will be that of the nature of the product itself.
Nevertheless, and taking into account the characteristics of commercial products, customers must keep in mind that these products, which are essentially aesthetic, food and drugstore products, have their corresponding expiration dates and preferential consumption, which guarantees in all cases that, at the time of marketing, the products have a sufficient period of time to be consumed.
If the product on the market is damaged, please contact Dubesa customer service immediately to inform them of the procedure to follow for returning the product. As soon as the product turns out to be defective, it is repaired or replaced, or the price is reduced or all the economic amounts paid are refunded, as the case may be. These steps will in no way imply a cost for the client. To assert and apply the guarantee, the consumer can contact both the seller and the manufacturer of the product within a general period of 2 years from the delivery of the product and always in compliance with the conditions and limitations provided for by the applicable regulations. . If the defect or lack of conformity appears more than 6 months after delivery of the product after purchase, the customer must prove to the manufacturer or the seller that the defect or lack of conformity already existed when the product was delivered.
In case of lack of conformity of the product received, the consumer has the obligation to inform the seller within two months from the time he became aware of it.
When a product is not in conformity, the customer can choose between replacing or repairing the product, without being billed for the related costs.
In order to register the complaint and begin processing the incident, the customer must write an e-mail to info@inteacosmetics.eu indicating the facts and the necessary instructions will be provided to respond to their request.
6.2 RIGHT OF WITHDRAWAL
In accordance with the provisions of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the general law for the protection of consumers and users and other complementary laws, users are informed of the following aspects:
Any user can exercise his right of withdrawal within a maximum period of 14 calendar days from receipt of the product, this right must be exercised directly against Inteacosmetics.com and in no case against the seller. The user who wishes to exercise his right of withdrawal with regard to the purchase made, must in
1. The user must communicate to Dubesa his will to exercise his right of withdrawal via one of the customer service channels, by writing to info@inteacosmetics.eu and by sending any other unequivocal statement that he wishes to exercise his right of withdrawal. Once the product has been received, Dubesa will inform the user how to return it, even before starting the contracting process described in these conditions.
2. The user must assume the direct costs of the return, informed in any case by Inteacosmetics.com during the process. Similarly, any possible damage or deterioration of the product during transport and the resulting responsibilities will be assumed by the user.
3. In the case of sealed products which cannot be returned for reasons of health protection or hygiene, the user must deliver the product correctly packed, without unsealing it and without obvious signs that it has been opened, used and / or manipulated. Once the product is received, if any type of manipulation, damage or sign is detected which suggests that the product in question has been handled, opened, modified, or altered, there is a risk that the product in question will be immediately returned to the final customer by post against reimbursement, the user taking care of the shipping costs. In this sense, the return will be accepted for all products that are intact and that show no type of manipulation of the protective film of the box or packaging.
4. In the case of products whose opening and use are necessary to know if they are functioning properly, Dubesa will require, to accept the return, that the returned product be in perfect condition, with all its elements and packaging. No returns will be processed if these conditions are not met. Similarly, you are informed that if you do not return the product in its original packaging, the product may suffer depreciation.
5. Once the request to exercise the right of withdrawal has been received, the system will send an email confirming receipt of the request. Thereafter, it will reimburse the economic amount paid (including, where applicable, the delivery costs and minus the direct return costs in the event that the transport offered by Dubesa has been used) within a maximum period of 14 calendar days from the time of receipt of the right request and receipt of the purchased product. In any event, the payment of the economic amounts will be made by the means used by the user to make the initial payment, unless otherwise specified by the user, in which case he may incur additional costs.
In the same way and in accordance with the provisions of the regulations in force, it will not be possible to exercise the right of withdrawal in cases where products are purchased which are manufactured according to consumer specifications or clearly personalized, or which, from by their nature, cannot be returned or may deteriorate or expire quickly. Similarly, it is not possible to exercise the right of withdrawal in cases where the products already unsealed cannot be returned for reasons of health protection or hygiene.
As indicated in these Contractual Conditions, the information on the availability of products depends on the adequate supply of this information by the pharmaceutical establishments affiliated with the platform. In this way, the user is informed that, in the event that a product purchased is not available, when the user has not been expressly informed of this possibility, this will be due to an error in this information, the l The corresponding pharmaceutical establishment will be directly responsible. In any event, Dubesa presupposes the good faith of the pharmaceutical establishments and understands that such errors will in any event be involuntary on their part.
However, the above, in order to guarantee user protection, Dubesa will reimburse the economic amounts paid by the customer as soon as possible, although in no case Dubesa can guarantee that the return period will be the same as that used for delivery. This return will always be made by the means used to make the initial payment.
Dubesa will reimburse the user the price of the product, as well as the initial shipping costs. The user always assumes the costs of return.
In the event that the user requests the exercise of his right of withdrawal, the end user is reimbursed for all the economic amounts initially paid, including, where applicable, the delivery costs, without undue delay and, in all event, before 14 calendar days have passed from the date on which the right of withdrawal was requested and provided that the product or proof of return has been received. However, if the user has been offered several delivery methods and has expressly chosen a delivery method other than the cheapest ordinary delivery method, Inteacosmetics.com is entitled not to reimburse the additional costs arising from this Delivery method. In the event that the user cancels his purchase, in which he has used the gift voucher (s), or exercises his right of withdrawal on one of the products acquired using the gift voucher (s), Dubesa will reimburse the corresponding gift voucher by reactivating it on the user's account.
6.3 DUBESA'S RESPONSIBILITIES
Dubesa undertakes to guarantee that the content, data or information concerning the products and services offered on its website are reliable, truthful and exact, and assumes responsibility for the prices and characteristics advertised. However, it will not be responsible for information which has been introduced, shown or modified by third parties outside the supplier.
We always make sure that the description of the products is as realistic as possible.
All the products offered benefit from legally recognized warranty periods, without prejudice to the fact that the majority are aesthetic, food and drugstore products with their corresponding expiration dates and their preferential consumption.
In the event of non-compliance with obligations on the part of the sellers, Dubesa may give the user concerned a coupon with a value of € 5 exchangeable on the inteacosmetics.eu platform.
6.4 CUSTOMER SERVICE
Dubesa, as manager of the online platform responsible for the marketing and sale of products, provides end customers and affiliated sellers with a customer service, available 5 days a week, Monday to Friday, Monday to Thursday from 9 a.m. to 7 p.m. and Friday from 9 a.m. to 6 p.m., in which special attention will be given to all questions, complaints and problems raised in connection with the purchase of products through the system of Dubesa. The available contact channels are:
• E-mail: info@inteacosmetics.eu
In order to guarantee the direct attention of customer service, in the event of a complaint from a user, he will receive an identification number and proof of the complaint filed will be sent to his email address.
Dubesa will respond to complaints received as soon as possible and, in any event, within a maximum of one month from the presentation of the complaint.
In accordance with the provisions of Regulation (EU) 524/2013, which applies throughout the European Union, Dubesa provides the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event = main.home2.show & lng = ES
Via this link, you can access the European Online Dispute Resolution Platform (ODR). If you had a problem with a purchase or the provision of a service online, you can use this means to file a complaint, as well as opt for the out-of-court settlement of the dispute raised.
7 UNAUTHORIZED USES
Dubesa reserves the right to cancel the user or registered customer account, and may proceed to the termination of this contract. In particular, termination as a customer and / or user may be effected in the event of detection of non-compliance with one of the contractual obligations contracted in this act, as well as in the event of observation of use of the site and / or account contrary to the general conditions of use, the site privacy policy and good faith practices accepted in the sector.
In this sense, the client accepts:
1. Not to use the platform or one of the elements that integrate it, to develop time-sharing operations, to become a software application service provider insofar as they are oriented to allow the access by third parties to the platform or to one of its components, by rental transactions, administrative services or any other similar counterpart service, by sharing them or making them available to third parties
2. Not to subject the platform or any of its elements to activities which lead, directly or indirectly, to the decomplication of its software, which imply its submission to operations of a reverse nature to those which determined its construction or which, ultimately, constitute or may constitute operations of regression or reverse engineering, decompilation or disassembly. None of the sections of this contract can be interpreted as authorizing access to the source code of the platform.
3. Not to publish the platform, nor to use it as a system of management and exchange of information and / or illegal documentation, contrary to morals or public order, or contrary to the rights of author and / or industrial property
4. Do not subject the platform to workloads that clearly aim to destabilize it, including denial of service attacks (DDoS) or similar situations. If this type of situation is detected, the level of service indicated above will not be applicable and will be considered as an emergency situation.
5. Do not perform reverse engineering, requirements gathering and other activities aimed at developing an online platform identical or similar to that made available by Dubesa, this activity being considered as an act of competition unfair and violation of intellectual and industrial property rights held by Dubesa on the platform.
6. Do not translate, adapt, improve, transform or correct the platform, or any of its components, or modify it in any way, and do not incorporate the platform into other software or platforms owned or provided by third parties.
7. Do not delete, delete, alter, manipulate or modify in any way the notes, legends, indications or symbols that Dubesa, as the legitimate holder of rights, incorporates into its intellectual property or industrial property ( such as copyright, ©, ® and TM, etc.), whether on the platform itself or in the associated material
8. Bring to the attention of Dubesa any fact or situation which may have occurred and which could endanger the security of access for authorized users.
9. It is forbidden to force breakdowns or to look for security breaches on the platform.
8 INTELLECTUAL AND INDUSTRIAL PROPERTY
At Dubesa, we are very attached to the protection of intellectual property rights. This is why we have established the following conditions:
As indicated in the conditions of use, Dubesa guarantees through this contract that it is the legitimate owner of the platform, as well as the validation tools for coupons delivered to the network of collaborating establishments, not being involved in any type of dispute before the signing of this contract.
The client expressly recognizes that Dubesa has all the rights, titles and interests on the platform and the tools associated with it, as well as on all its modules, modifications and updates and any element and / or functionality that could be developed on this one.
To this end, the recognition of Dubesa's ownership of all copyrights, intellectual and / or industrial property is included without any limitation, and the client can use the platform, without any temporary or territorial restrictions, relating means of dissemination or methods of exploitation and without any limitation other than those established by law, all the content published on it. However, the logos of all products sold are the exclusive property of their respective owners, and Dubesa has obtained prior authorization for their use.
The structure, characteristics, codes, working methods, information systems and their exchanges, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and / or can constitute the platform are the exclusive property of Dubesa, and are duly protected by national and international laws on intellectual and / or industrial property. They cannot be subsequently modified, copied, altered, reproduced, adapted or translated by the customer without the prior and express agreement of Inteacosmetics.com
The provision of the platform or the simple access by the customer does not in any way imply the transfer of its property or the granting of a right of use in favor of the user other than that expressed in the this clause.
In order for the client to be able to use the platform, which is the exclusive property of Dubesa, the latter assigns under this contract a user license in favor of the client of a non-exclusive nature, of temporary scope limited to the duration of this contract, of unlimited spatial scope insofar as it is accessible from any computer with Internet, which is non-transferable, revocable and cannot be sub-licensed.
In all cases, any type of reproduction, imitation, transmission, translation, modification, creation of a derivative work and / or public communication is absolutely prohibited, whatever the means used to do this, failing which the client or the third party will assume all direct or derivative responsibilities which may arise therefrom.
For any aspect not expressly recognized in this contract, all rights are reserved in favor of Dubesa, it is necessary the written authorization of Inteacosmetics.com to execute it.
9 RESPONSIBILITIES
The parties undertake to fulfill their legal and contractual obligations arising from this contract. If a party fails to comply with one of its obligations or obstructs the other party's compliance with its obligations, the latter party is entitled to claim compensation for the damage suffered, both for indirect damage and for failure to to win.
The parties will be responsible for the offenses they personally committed, and the other party will be compensated for any error, fault or negligence not attributable to him, and for any damage resulting from these offenses or errors attributable to the other party contracting.
Dubesa will not be responsible for the unavailability of the product or the impossibility of delivery due to force majeure, theft or loss of coupons or error in the order or the data supplied by the user. However, in such cases, Dubesa will immediately contact the client to find the best solution to the case.
Dubesa will make all commercial and technical efforts necessary to keep its services available on the website and the promotional coupon validation widget, which is an obligation which, however, will not apply to any lack of availability or performance caused by :
1. Temporary inactivity of the website due to updating and / or technical maintenance, of which the seller will be informed beforehand by email within a maximum of 48 hours, provided that they are known or that Dubesa has been informed in advance;
2. Causes beyond the control of Dubesa: force majeure, problems with Internet access, technological problems beyond the diligent and reasonable management of the owner of the website, actions or omissions of third parties, etc.
In all of the above cases, beyond the control and diligence of the owner, there will be no compensation from Dubesa to the customer for loss of income, damage or loss.
In the event of closure or suspension of the website for reasons beyond the control of the parties, the client will be informed from time to time of the transfer of the service to a new area, by modifying only the stipulations of this contract in relation to the area in which the platform -form remains active.
10 SAFEGUARD CLAUSE
All the clauses or points of this contract must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared null by a judicial award or a final arbitral award . The clause (s) concerned will be replaced by one or more others which preserve the effects provided for by the conditions of use.
11 APPLICABLE REGULATIONS
These conditions are expressly subject to the provisions of Law 34/2002 of July 11, Information Society Services and Electronic Commerce, Royal Legislative Decree 1/2007 of November 16, which approved the Consumer and Consumer Law. users, of the Royal Decree 1906/1999 of December 17, 1999, which regulates the telephone or electronic contract with general conditions, Law 7/1998 of April 13, 1998 on the general conditions of contract, Law 7/1996 of January 15, 1996 on the retail trade regulations, Regulation (EU) 2016/679, general data protection and other legislation of a general nature or of subsidiary application in accordance with the basic principles of the regulation of the Spanish legal system.
Without prejudice to the above and the default application of Spanish national law, insofar as Dubesa is not an information society service provider directing its services to a State other than Spain , in accordance with the provisions of the directive and only in cases where it is compulsory, Dubesa will apply the special conditions which may be applicable in the country of residence of the final consumer.
12 COMPETENT COURTS
These general conditions are governed by Spanish law. The parties submit, at their discretion, for the resolution of conflicts and waive any other jurisdiction, the courts of the domicile of the user.
In order to present complaints in the use of our services, the customer can send an email to the physical or electronic address indicated in the "Identification" section, committing us to seek at any time an amicable solution to the conflict.