Version 1.0 / 2022
This document sets forth the general terms and conditions for the contractual relationship involving the intermediation in the purchase and sale of the products offered on this website and app, the owner and proprietor of which is TAKUMI BEAUTY GROUP, SL (“TAKUMI BEAUTY GROUP”) with registered offices at P.I Mas Galí, CP: 08503 de Gurb, Spain, and tax identification number B-64644743, listed on the Companies Register of Barcelona under Volume 40553, Folio 72, listing 1 on page B 367093, CIF: B-64644743, and the physical and/or legal persons (hereinafter known as the “CLIENT”) stating that they wish to purchase the products by way of an on-line request via this website or the app.
The request by the CLIENT form the specific terms and conditions to which these terms and conditions are associated, which the CLIENT must accept on line before purchasing the Product. The CLIENT is informed of these terms and conditions on this same website so that they may be read, printed, filed and accepted. These general terms and conditions together with the purchase of the Product by the CLIENT imply the execution of the purchase agreement between TAKUMI BEAUTY GROUP and the CLIENT, who declares to have read, understood and accepted these terms and conditions. The CLIENT may always consult these general terms and conditions on the website.
ONE.-APPLICABLE LAW.- These General Terms and Conditions are subject to the provisions of the regulations and laws defending the rights of consumers and users, and those regarding electronic contracts.
TWO.- PURPOSE OF THE AGREEMENT.-
By way of these General Terms and Conditions, TAKUMI BEAUTY GROUP agrees to provide the CLIENT with the Product requested on the website in exchanged for a set price.
By purchasing the Product available on this website, the CLIENT declares:
a) Whereas he/she is an individual of legal age and with the capacity to enter into this agreement.
b) Whereas he/she has read and understood and accepts these General Terms and Conditions of Contract.
THREE. -ALTERATION OF THE GENERAL TERMS AND CONDITIONS.-
TAKUMI BEAUTY GROUP reserves the right to amend these General Terms and Conditions at any time, without having to inform the CLIENT of such in advance. On all accounts, the CLIENT is responsible for reviewing them as a prerequisite to purchasing any product available on this website. The General Terms and Conditions indicated on the website when the CLIENT purchases the Product shall, however, be deemed valid and applicable.
FOUR.- RIGHTS AND OBLIGATIONS OF TAKUMI BEAUTY GROUP.-
4.1. Delivery of the product. - TAKUMI undertakes to deliver the product in correct condition to the address that the CLIENT indicates on the order form that includes the specific conditions attached to these General Conditions. TAKUMI shall not be responsible for any errors arising during delivery when the data included by the CLIENT on the order form are untrue or have been omitted. The delivery time shall depend on the characteristics of the product purchased (deliveries shall only be made within the territory of the European Union and the Principality of Andorra). TAKUMI shall not be responsible for any delays in delivery for reasons exclusively attributable to the forwarding agent or unforeseeable or uncontrollable factors for which it is not obliged to be subject.
In the event of a delay in the manufacturing of the order, TAKUMI shall inform the CLIENT of such and shall communicate the foreseen delay by e-mail or via the telephone number provided by the CLIENT. TAKUMI may then provide the CLIENT with the option of cancelling its order or purchasing an alternative item that has been offered. Where no response is received, it shall be understood that the CLIENT wishes to wait for the time indicated. Where the product requested cannot be supplied, either because it has not been supplied by the suppliers of TAKUMI or for any other reason, the latter shall also inform the CLIENT of such and shall cancel its order without any type of penalty, and TAKUMI shall make a full refund of the amount of its purchase within 15 days, except for special conditions identified, where appropriate, in the product specifications.
4.2. Liability of TAKUMI BEAUTY GROUP. Under no circumstances shall it be held liable in relation to:
4.2.1. Any errors, delays in access by the CLIENT when entering his/her details or any abnormality that may arise when these incidents are due to internet problems, force majeure or any unforeseeable event not attributable to the good faith of the company. On all accounts, TAKUMI BEAUTY GROUP agrees to solve any problems that may arise and to offer all necessary support to the CLIENT to find a fast, satisfactory solution to the incident.
4.2.2. Any errors or damage produced due to inefficient and negligent use of the Product by the CLIENT.
4.2.3. Non-operability of or problems with the order confirmation e-mail address provided by the CLIENT.
4.3. Right of Withdrawal
Pursuant to Article 103. c) of Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users and other supplementary laws, this is not a case of an exception to the right of withdrawal. Given that the goods are manufactured in accordance with the specifications of the consumer and user or clearly personalised, no right of withdrawal applies.
4.4.1. TAKUMI BEAUTY GROUP must deliver the Product in perfect condition and remains free from any liability in relation to any tears or defects in the packaging of the Product caused after it has been delivered. In this case, the CLIENT expressly waives the claiming of any contractual or non-contractual liability for any damages or losses.
4.4.2. TAKUMI BEAUTY GROUP shall be answerable, in accordance with Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users and other supplementary laws, for compliance of the Product at the time of its delivery with these General Terms and Conditions and, more specifically, with the specifications of each Product included on the website at the time of its purchase or when it is delivered to the CLIENT. The CLIENT must check that the Product is in perfect condition before signing for delivery of the order. Where approval is given at the time of delivery, both parties shall presume that the Product is compliant with these General Terms and Conditions and with its corresponding specifications.
4.4.4. Delivery costs to the warehouse for defective products still under warranty are payable by the CLIENT, and TAKUMI BEAUTY GROUP shall pay all expenses involved in returning the product to the CLIENT’s address.
4.5. Time limits: TAKUMI BEAUTY GROUP is answerable, for a period of two years as of delivery of the Product, for any non-compliance noticed at the time of its delivery in relation to these General Terms and Conditions and to its corresponding specifications. Under all circumstances, the CLIENT has a period of two months to inform v of any non-compliance of the Product as of the moment when said non-compliance is detected.
Where said non-compliance is detected six months after delivery of the Product, the CLIENT must prove that said non-compliance already existed at the time of delivery. In this case, TAKUMI BEAUTY GROUP shall take all reasonable action to ensure the CLIENT can contact the manufacturer of the Product in order to find the best solution in each specific case, and TAKUMI BEAUTY GROUP shall not be compelled to obtain any specific result from such.
4.6 Obligations of TAKUMI BEAUTY GROUP.
Where the CLIENT exercises his/her guarantee right, he/she may choose between having the Product repaired or replaced, except where one of these options is objectively impossible or disproportionate because it involves unreasonable costs for TAKUMI BEAUTY GROUP. Only where the repair or replacement of the Product is not provided within a reasonable time may the CLIENT demand a reduction in the price or the termination of the Purchase agreement.
FIVE.- RIGHTS AND LIABILITIES OF THE CLIENT.-
5.1. Payment.- The CLIENT agrees to pay in advance for the Product effectively requested, in the amount and manner indicated below:
5.1.1. Amount.- The price of the Product purchased by the CLIENT shall be as indicated on the website and is included in the specific request made by the CLIENT at any given time. These requests shall form the specific terms and conditions of a given order. The prices of the products indicated on the website and the app no include VAT, the sum of which shall be calculated when the order is placed, as applicable.
5.1.2. Methods of payment.- The CLIENT must pay the amount corresponding to his/her order by way of:
- Credit card: by entering his/her details into the virtual POS existing on the website. On accepting this method of payment, the CLIENT confirms to be authorised to use the card in question for this purpose and is the holder thereof. Card payments shall be subject to the provisions of current law regarding payment services, especially with regards to payment orders and the conditions for their renewal.
- Bank transfer
6.1.- Under no circumstances shall TAKUMI BEAUTY GROUP be liable for:
6.1.1.- Any faults or incidents that may arise in communications, deletions or incomplete transmissions that do not guarantee that the website or app services remain constantly operational.
6.1.2.- The producing of any kind of damage that the CLIENT or third parties may cause to the website.
6.2.- TAKUMI BEAUTY GROUP reserves the right to suspend access without prior warning and in a discretionary and permanent or temporary manner until effective liability of any damages arising can be ensured.
Furthermore, TAKUMI BEAUTY GROUP shall cooperate with and notify the competent authority of these incidents as soon as it becomes reliably aware of the fact that the damage caused constitutes some kind of illegal activity.
TAKUMI BEAUTY GROUP hereby indicates that the contents, programming and design of the website are fully protected by copyright, and any reproduction, communication, distribution and transformation of said protected elements is expressly forbidden except where consent is expressly given by TAKUMI BEAUTY GROUP. TAKUMI BEAUTY GROUP may establish links or hyperlinks to articles or information from third parties, and shall always quote the source. The legitimate owner of the copyright to the information included in this manner may request the deletion of said references at any time.
EIGHT.- ALTERNATIVE PROCEDURE FOR ONLINE DISPUTE RESOLUTION.-
Notwithstanding the above, the European Commission provides a platform to resolve on-line disputes, which is available at the following link: http://ec.europa.eu/consumers/odr/ Consumers may subject their claims using the on-line dispute resolution platform.
NINE.- COMPETENT JURISDICTION AND APPLICABLE LAW.-
These General Terms and Conditions are governed by Spanish law. The provisions of Article 29 of the Spanish Information Society and e-Commerce Law 34/2002 of 11 July shall apply in order to determine the location of the agreement to which these General Terms and Conditions are subject.
TEN.- INVALIDITY OF CLAUSES.-
Where any clause of these General Terms and Conditions is declared null and void, all other clauses shall remain valid and shall be interpreted in line with the will of the parties and the purpose of these terms and conditions.