TERMS AND CONDITIONS

This document establishes the conditions governing the purchase of products on the website www.odditieskin.com (hereinafter, the “Terms and Conditions of Purchase”), which will be updated periodically, so those in force at the time of use of the website (hereinafter, the “Website”) will be applicable. The use of the Website attributes the status of user (hereinafter, the “User”) to whoever carries it out. Acceptance of these Terms and Conditions of Purchase will be an essential requirement for formalizing any contractual relationship between the User and ODDITIES. The Terms and Conditions of Purchase apply to transactions made on this Website from their publication date and will refer to the products purchased at the time when such conditions were available, remaining in force thereafter for all purposes set forth therein on a permanent basis. The personal data you provide as a User will be processed in accordance with the provisions of the Privacy Policy. If you have any questions related to our Terms and Conditions of Purchase, you can contact us via email at: hello@odditieskin.com.

1. Identification and Contact

The Website is owned by ODDITIES S.L. (here in after, “ODDITIES”), with VAT number B67831289, headquartered at Calle Nicasio Gallego 20, Madrid 28010, and email address: hello@odditieskin.com.

2. Purchase conditions

By using the Website and placing orders through it, you agree to:

a). Use the Website only to place legally valid inquiries or orders.

b). Not place false or fraudulent orders. If ODDITIES consider that a User has placed an order of such nature, it will be authorized to cancel it and inform the competent authorities.

c). Provide truthful and accurate data necessary to process your order.

By placing an order through the Website, the User declares to be over 18 years old and have the legal capacity to enter into contracts.

2.1 Availability

The items offered on the Website are available for shipping to Spain (mainland), Balearic Islands, Canary Islands, Ceuta, and Melilla, as well as the rest of Europe. We also ship to the United Kingdom.

All products offered are detailed on the Website; in case of any discrepancies between the image and the written product description, the description on the product page will always be considered valid.

The products comply with labeling and consumer information regulations, including, when necessary, instructions for proper use and appropriate warnings. Similarly, the main features of the products are described on the Website. However, if you have any doubts about the products or any other issue, please write to us at the email: hello@odditieskin.com.

At ODDITIES, we commit to delivering any order within the limit of available stock. In the event of unavailability of the ordered products, we will inform you as soon as possible by email or by posting a message on the Website’s messaging service if any of the products included in your order are not available. In such a case, no amount will be charged for the unavailable product.

While every effort is made to ensure the accuracy of descriptions, specifications, and especially prices of the products, there may be occasions where errors occur regarding the price applicable to the product. If such a situation arises, where the offered sale price and the normal price of the item are not in line with the average selling price of that product in the market, ODDITIES will contact you with a complete explanation of the error’s origin and a corrected offer adjusted to the correct price, giving you priority to resolve the contract if you do not agree with the new price of the corrected offe

2.2 How to Place an Order

Once you click on the “Add to Cart” button for all the products you have selected, they will appear in a summary of the order. At this point, you can correct any errors in the selected products before clicking on “Place Order”. Please note that to access the checkout page, you can do so as a guest, create an account, or log in with your user account. On that page, the User will enter their shipping and billing information, choose the payment method, and verify the order amount. The User will be responsible for the accuracy of the personal data provided to ODDITIES. By clicking the “Buy” button, after accepting these Terms and Conditions of Purchase, you will be sending a legally binding offer, and therefore, we inform you that clicking the “BUY” button implies the obligation to pay the price of the selected products.

Once the payment is made, a screen confirming if your order has been processed correctly will appear. Subsequently, we will send you an email confirming the order, containing the price, applicable taxes, and, if applicable, shipping costs and timeframe, as well as information regarding the purchased products. The User must retain the order confirmation as proof thereof.

2.3 Correcting Errors During the Purchase Process

The Website provides confirmation windows in each section of the purchase process. Similarly, the Website provides details of all items you have added to your shopping cart so that, before making the payment, you can check and, if necessary, modify your order details.

If you detect errors in the order after completing the purchase process, you must contact ODDITIES immediately via email at hello@odditieskin.com to rectify the error before the processing of the order begins. ODDITIES is not responsible for errors during the processing of orders.

2.3 Correcting Errors During the Purchase Process

The Website provides confirmation windows in each section of the purchase process. Similarly, the Website provides details of all items you have added to your shopping cart so that, before making the payment, you can check and, if necessary, modify your order details.

2.4 Delivery

• Delivery location: Products are available for shipping to Spain (mainland), Balearic Islands, Canary Islands, Ceuta and Melilla, and the rest of Europe. We also offer shipping to the United Kingdom. Products will be delivered to the User at the address provided at the time of placing the order with ODDITIES. ODDITIES will not be responsible in any case for the User’s absence from the address at the time of delivery of the products when placing the order.
• Pre-order Items: In the case of purchasing items on pre-order, these will be delivered within the deadlines indicated on the Website and may be subject to longer delivery times.
• Shipping Method and Delivery Timeframe: Unless there are special circumstances resulting from specific indications in the order of the products, or extraordinary circumstances arising from unforeseeable and insurmountable events, the products will be shipped within the timeframe indicated in the purchase confirmation or on the Website and, in any case, within a maximum of 30 days from the date of the purchase confirmation. In mainland Spain, including the archipelagos, delivery can be made within 24/48 hours; in Ceuta and Melilla, delivery times can be 4 working days, and between 3 and 5 working days for the rest of Europe. For delivery of products in the United Kingdom, delivery times can be 7 working days. Please note that the deadline for order preparation is 3:00 p.m. (Spanish time). Therefore, any order placed after this time will be processed and prepared on the next business day. Delivery will be made through courier companies collaborating with ODDITIES, depending on the type of order selected from those available on the Website at any given time. The order processing may take 2 working days from the validation of the payment of the order by the bank. If for any reason the delivery date cannot be met, ODDITIES will inform the User, giving them the option to proceed with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid. Delivery of the order will be deemed to have occurred at the moment when you, as the User, or the person you have indicated, acquire physical possession of the products, which will be evidenced by signing the receipt of the order and/or verifying your identity or the person you have indicated, at the agreed delivery address. In the event that it is impossible to make the delivery of the order (including two attempts), a notice will be left explaining where your order is and how to have it resent or collected, depending on the courier company responsible for the delivery. If you will not be present at the delivery location at the agreed time, please contact the courier company to reschedule the delivery date, as indicated in the purchase confirmation. If 15 days have elapsed since the order is available for delivery and it has not been delivered due to reasons beyond ODDITIES’s control, it will be understood that, as a User, you wish to withdraw from the contract, and it will be considered resolved. The transport derived from the resolution may incur an additional cost, so ODDITIES will be authorized to pass on to you, as a User, the corresponding costs.
• Cancellation: If the User decides to cancel their order, please note that we may apply the following shipping charges based on the following scenarios:
  • 1. Cancellation of the order while it is being prepared: in this case, if you had to pay shipping costs, these will be refunded along with the cost of the order.
  • 2. Cancellation of the order while it is being delivered to the address you have provided: the User must bear the cost of returning the order to our warehouse. In this case, we will refund the full amount of the order cost, deducting the shipping costs—even if the order was placed with a free shipping promotion or exceeded €25 for Spain and Portugal and no shipping costs were paid.
  • 3. If the order has already been delivered and you still decide to return it, you must bear the costs of the return service you choose. The cost of the products eligible for return will be refunded. The User will know at all times the status of their order, whether through their private area on ODDITIES, if the order was placed identified with their user, or as a guest, in both cases through the receipt of different emails marking the start of the successive phases indicated above. For these purposes, you will receive an email confirming your order and another when the logistics operator is about to start their delivery service, so that you will know what possible shipping costs may be charged in case of cancellation and return depending on the status of the order. If the User has made a purchase paid with PayPal and needs to modify the shipping address of the order once it has been placed, they must contact ODDITIES directly via email at hello@odditieskin.com or using the contact details indicated in the header of these Terms and Conditions of Purchase. In order to process the change of shipping address, it will be necessary to cancel your original order and place a new one that can be sent to the new address. You cannot contact the courier service or PayPal directly to modify the shipping address.

• Property transmission: The User will acquire ownership of the products upon receipt of full payment of all amounts due in relation to them, including shipping costs, or alternatively, at the time of delivery, if this occurs at a later time. The risks of the products will be borne by the User from the moment of delivery.
• VAT and invoicing: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be deemed to be located in the territory of application of Spanish VAT. The applicable VAT rate will be the legally prevailing one at all times. The User expressly authorizes us to issue the invoice in electronic format.
• Price and payment: The prices of the products are those shown on the Website at the time you place your order (including applicable taxes in each case). Prices may change at any time, but any changes will not affect orders for which a purchase confirmation has already been sent. Once you have selected the items you wish to purchase, they will be added to your shopping cart, and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you may modify the details of your order. All charges will be detailed prior to the purchase confirmation, including the breakdown of prices and applicable taxes. The total price, including applicable VAT, and shipping costs (which will be shown separately as they are not included in the product sales price) will appear on the order form for the User to confirm the order. You may use the payment methods indicated on the Website. ODDITIES reserves the right to suspend the processing of the order in case of rejection of payment authorization by the bank or payment entity concerned in each case. No other payment methods other than those specified directly on the Website will be accepted. All transfers and payments made through the Website are made through secure ports to ensure data protection. All data is encrypted through secure payment gateway platforms and is not stored. The product delivery service to the address indicated by the User entails the following shipping costs by country:
  • Spain: €3.00
  • Canary Islands: €5.00
  • Ceuta and Melilla: €8.00
  • Portugal, France, and Italy: €5.00
  • Germany and Monaco: €11.00
  • Bulgaria, Croatia, Estonia, Finland, Hungary, Ireland, Latvia, Lithuania, Romania,
    Sweden, Czech Republic, Denmark, Poland, Slovakia, and Slovenia: €13.00
  • Greece: €16.00
  • Austria, Belgium, Luxembourg, Netherlands, San Marino: €12.00
  • United Kingdom: €26.00
  • Cyprus and Malta: €30.00
  • Andorra: €62
  • Liechtenstein: €50

However, for purchases over €25 in Spain and Portugal, shipping costs will be free. Similarly, for purchases of any pack acquired on the Website for Spain and Portugal, shipping costs will be free. The information provided here will be conveyed to the User in the shopping cart, so that they will know the total price of the order and consent to its formalization before processing it.

3. Return policy

3.1 Right of Withdrawal

The User, as a consumer and user, has the right to withdraw from this contract within a period of 14 calendar days without the need for justification, except for the return costs. The withdrawal period will expire after 14 calendar days from the day the User, or a third party designated by them other than the carrier, acquires physical possession of the products or; in the case that the products that make up the order are delivered separately, after 14 calendar days from the day the User or a third party designated by them other than the carrier acquires physical possession of the last of those products.

To exercise the right of withdrawal, the User must send a notification to ODDITIES, by email to hello@odditieskin.com indicating their decision to withdraw from the contract through an unequivocal statement.

Upon receipt of the notification of the right of withdrawal at hello@odditieskin.com, ODDITIES will inform you of the instructions for returning the product/s, such as the data to which the product/s should be delivered.

In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer in the case of a product), without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such refund using the same means of payment used by the User for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any fees as a result of the refund.

However, ODDITIES reserves the right to withhold the refund until we have received the products, or until you have provided proof of return of the products, whichever condition is met first.

You must return or deliver the goods to us directly, without undue delay, and in any event, no later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract to us. The deadline will be deemed to have been met if you return the products before the period of 14 days has expired. Likewise, you shall bear the direct cost of returning the goods and the shipment must be made in the original delivery conditions, including packaging. The User alone shall be responsible for any decrease in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the products.

Exceptions to the right of withdrawal

You will lose your right of withdrawal if you open any product container, if the product/s is/are not in the same condition in which they were delivered or has/have suffered any damage, so the User must handle the product/s carefully while in their possession. Please ensure that the original packaging, labeling, instructions, and any other documents or material that accompany the product are returned along with the product.

After examining the product received from the User, we will notify the User whether they are entitled to a refund of the amounts paid. The User shall bear the cost and risk of returning the products to us. For any queries, do not hesitate to contact us through our email: hello@odditieskin.com.

3.2. Returns of Defective Products

Any product delivered must be subject to inspection by the User and, in case of anomalies, partial or total deterioration and/or absence of any of the products from the order, you should contact us through the email hello@odditieskin.com within a maximum period of 14 days from receipt. The User must describe the problem and attach a photo of the defective product so that we can provide a solution as soon as possible to the indicated email. If you believe that at the time of delivery the product does not comply with what is indicated on the Website, the purchase confirmation, or these Terms and Conditions of Purchase, you must immediately contact ODDITIES by email providing information about the product data, as well as the damage it suffers.

If no observations are made, it will be considered that the product has been delivered in good condition and cannot be the subject of any subsequent claim for this reason.

You may return the product by sending it to the address indicated by ODDITIES. ODDITIES will carefully examine the returned product and will communicate by email within a reasonable period whether the refund or replacement of the non-compliant product (if applicable) is appropriate. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which you receive the email confirming that the refund or replacement of the non-compliant product is appropriate.

Amounts paid for products that are returned due to any defect or defect, when actually present, will be fully refunded to you, including the delivery costs incurred to deliver the product to you and the costs you incurred to return it. The refund will be made using the same means of payment that you used to pay for the purchase. The rights recognized by current legislation are in any case preserved.

4. Guarantees

The products offered on the Website comply with national and EU legislation. The images and colors of the products published on the Website may differ slightly from the actual ones due to the color display settings on the computer screen and/or the tools used for viewing. The products are considered compliant as long as they:

• Conform to the description made on the Website and possess the qualities indicated on the Website.
• Are suitable for the uses for which products of the same type are ordinarily intended.
• Present the usual quality and performance of a product of the same type that are reasonably expected.

In this sense, if any of the products are not compliant, you must notify ODDITIES following the procedure detailed in the previous section and through any of the communication channels provided for this purpose.

5. Responsibilities

Unless otherwise stated in these Terms and Conditions of Purchase, ODDITIES’liability in relation to any product purchased on the Website is strictly limited to the purchase price of said product. However, unless legally provided otherwise, no liability shall be accepted for the following losses, regardless of their origin:

• Loss of income or sales;
• Business loss;
• Loss of profit or contracts;
• Loss of anticipated savings;
• Loss of data;
• Loss of management time or office hours.

Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital information, the accuracy and security of the information transmitted or obtained through this Website are not guaranteed.

6. Assignment of Rights and Obligations

These Purchase Terms and Conditions constitute a binding contract for both the User and us, as well as for our respective successors, assignees, and heirs. The User may not transmit, assign, encumber, or otherwise transfer a contract or any of the rights or obligations arising therefrom without having obtained our prior written consent.

ODDITIES may transmit, assign, encumber, subcontract, or otherwise transfer a contract or any of the rights or obligations arising therefrom at any time during its term.

To avoid any doubt, such transmissions, assignments, encumbrances, or other transfers shall not affect the rights that you may have recognized as a consumer by law, nor shall they nullify, reduce, or otherwise limit the warranties, both express and implied, that we may have granted you.

7. Force Majeure

ODDITIES shall not be liable for any failure or delay in the performance of any obligations assumed when it is due to events that are beyond its reasonable control (“Force Majeure Event”).

Force Majeure Events shall include any act, event, lack of exercise, omission, or accident that is beyond its reasonable control.

It shall be understood that the obligations shall be suspended during the period in which the Force Majeure Event continues, and ODDITIES shall have an extension of time to fulfill such obligations for a period equal to the duration of the Force Majeure Event. ODDITIES shall make all reasonable efforts to end the Force Majeure Event or to find a solution that allows it to fulfill its obligations despite the
Force Majeure Event.

8. Waiver

The failure by ODDITIES to require strict compliance on your part with any of the obligations assumed under the Purchase Terms and Conditions or the failure to exercise any rights or actions that may correspond under these shall not constitute a waiver or limitation with respect to such rights or actions, nor shall it exempt you, as a User, from complying with such obligations.

No waiver by ODDITIES of any specific right or action shall constitute a waiver of other rights or actions arising from the Purchase Terms and Conditions or have effect unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

9. Partial nullity

If any of the terms or conditions contained in the Purchase Terms and Conditions are declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

10. Entire Agreement

These Purchase Terms and Conditions, Legal Notice, Privacy Policy, and Cookie Policy of the Website, and any document expressly referred to therein constitute the entire agreement between the User and ODDITIES.

11. Modification of the Purchase Terms and Conditions

ODDITIES reserves the right to revise and modify these Purchase Terms and Conditions at any time. As a User, you are subject to the Purchase Terms and Conditions in force at the time you use the Website or place each order, unless changes must be made retroactively to any of the Purchase Terms and Conditions by law or decision of governmental bodies, in which case, such changes may also affect orders you have previously placed.

12. Applicable Law and Jurisdiction

The use of the Website and the purchase contracts of products through the Website are governed by Spanish law. Any dispute arising out of or related to the use of the Website or such contracts shall be resolved by the Courts and Tribunals of the City of Madrid. You may also access the European Online Dispute Resolution platform via the following link: EU Online Dispute Resolution Platform. If you are contracting as a consumer, nothing in this clause shall affect the rights recognized to you as such by current legislation.

Likewise, the Website has a consumer complaints form available. To request them, you just need to send an email to hello@odditieskin.com with the subject “Complaint Form.”

For any questions, inquiries, comments, complaints, or claims, or if you wish to send any other type of notification regarding your orders, identify or correct errors in data entry, or request information about ODDITIESKIN products and services or those you have purchased, you can contact us through hello@odditieskin.com, or using the contact details indicated in the header of these Purchase Terms and Conditions.

13. Submission of Reviews in THE STORE

The following terms and conditions govern the terms of use applicable to your conduct regarding reviews and customer ratings and/or the question and answer service offered by ODDITIES.

Users may post their opinions and comments as well as send communications, suggestions, ideas, comments, questions, or other information, provided that the content thereof is not unlawful, obscene, abusive, constitutes a case of threat or defamation or invades the privacy of third parties, infringes intellectual property rights or in any other way is offensive to third parties or objectionable, nor consists of or contains computer viruses, political propaganda, or advertising content, chain emails, mass mailing, or constitutes any other type of spam. The use of fake email addresses is not allowed, nor is impersonating another person or entity, or otherwise falsifying the origin of any other content. We reserve the right to remove or modify any content. Furthermore, you declare and warrant that you will never include in your content any personal data of third parties (including, by way of
example, email addresses, contact information, or telephone numbers).

If you post reviews, comments, questions, or answers, or other content created by you for publication on the website (including images, videos, or audio, collectively, the “content”) you grant us: (a) a non-exclusive and free license to use, reproduce, publish, make available, translate, and modify your content worldwide (including the right to sublicense those rights to third parties); and (b) the right to use the name provided by you in connection with such content. This provision does not constitute the transfer of any moral rights under applicable law. You also declare and warrant that you own or otherwise control all rights to the content you may post, stating and warranting that as of the date of submission of
such content: (i) it is accurate; and (ii) the use of such content or material will not constitute any breach of the policies or guidelines applicable on this Website, nor will it cause harm to any person or entity (also warranting that the content or material in question is not defamatory in nature). Furthermore, by submitting any type of content, you warrant that you are at least 18 years old and that you have not received compensation or attention from an unapproved third party to submit such content.

You agree to indemnify and hold ODDITIES harmless from all claims, demands, and damages (actual and emerging) of any kind and nature, known and unknown, including reasonable attorneys’ fees resulting from a breach of the foregoing representations and warranties, or from an infringement by you of any law or right of a third party. In short, all content you submit may be used by ODDITIES at its sole discretion. ODDITIES reserves the right to change, summarize, or remove any content from the ODDITIES website that it deems, in its sole discretion, to violate the above content rules or any other provision of these terms of use. ODDITIES does not guarantee that you will have a means to edit or delete any content you have submitted. Ratings and comments are typically posted within two to four business days. However, ODDITIES reserves the right to delete or refuse to publish any
content submitted for any reason. You acknowledge that you are responsible for the content you submit. No content you submit will be subject to any obligation of confidentiality by ODDITIES, its agents, affiliates, partners, or independent service providers and their respective directors, executives, and employees.