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There are no more items in your cartGeneral Terms and Conditions of Use: Customers
Last updated 19/01/2024
Table of Subjects
1. Preamble
2. Definitions
3. Purpose of the General Conditions of Use for Customers
4. Access - Use of the Platform
4.1. Access
4.2. Use of the Platform
5. Description of the Services – Cost of the Services
5.1. Description of the Services
5.2. Cost of Services
6. Closure of the customer account
6.1. Closure of the customer account by the user
6.2. Closure of the customer account by DAYRA GROUP
7. Personal data
8. Intellectual Property
9. Liability
10. Partial nullity
11. Governing Law and Handling of Claims for the Service - Online Dispute Resolution and Mediation
12. Modification of these Customer Terms and Conditions
1. Preamble
The company VENDING INTEGRAL SOLANA SL ("Sociedad Limitada"), with registered office at Calle Ezequiel Solana 116 – Local, 28017 Madrid, Spain, registered in the Registry of Commerce and Companies of Madrid Sheet M524179 Volume 29112 Folio 140, NIF B86291093 EUID ES28065.081144523, with intra-community VAT number ESB86291093 and e-mail: gestion@dayra.com, makes available to Users the e-Commerce "www.dayrabeauty.com', (hereinafter referred to as "DAYRA GROUP").
The User acknowledges that DAYRA GROUP acts in its capacity as responsible for the hosting of the "www.dayrabeauty.com" Marketplace and that, in this sense, it is responsible for the Products sold on the www.dayrabeauty.com Website.
These General Terms and Conditions of Use ("T&Cs"), the subject matter of which is defined in clause 3 of this document, are not intended to govern the relations between Users and Sellers. These relationships are governed by the General Terms and Conditions of Sale ("GTC") accessible on the Website. However, the T&Cs do supplement the provisions of these T&Cs and must be accepted unreservedly by the Customer when the Customer makes a purchase from a Seller on the Marketplace. For more information, the T&Cs can be consulted via the following T&Cs link
Matters not dealt with in these Customer Terms and Conditions are subject to the contractual provisions of the other contracts that bind the Parties, namely the Privacy Policy, which can be accessed on the Website.
The use of the Service is conditional on the Client's prior acceptance to submit to these Customer T&Cs, in a clear, unequivocal manner, without limitations or reservations at the time of registration on the Website, which is materialized by a click of acceptance.
2. Definitions
Terms and expressions used with the first capital letter in these Customer T&Cs have the following meanings:
Buyer(s) or Customer(s)
means any natural person(s) of legal age, as well as any legal person(s) who purchase Products from Sellers on the Platform.
Bonus
Bonus means the amount paid into the Jackpot in accordance with the conditions set out in clause 5.1.5 of these T&Cs.
Prize or Jackpot
Jackpot or Jackpot designates the means of payment available in the Customer Area, the terms and conditions of which are set out in clause 5.1.5 of these T&Cs.
Customer T&Cs or General Terms of Use Customers or T&Cs
designate these general terms and conditions of use and provision of the Platform that govern the relations between the Clients and the DAYRA GROUP.
T&Cs or General Terms and Conditions of Sale
designates the general terms and conditions of sale that govern the relations between Sellers and Buyers on the Platform.
Customer Account or Client Space
designates the accessible space on the Platform for the registered User.
Personal data(s)
designates any information relating to an identified or identifiable natural person; An identifiable natural person is any person whose identity can be determined, directly or indirectly, in particular by means of an identifier, such as a name, an identification number, location data, an online identifier or one or more elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
Product Sheet
means the file that presents all the characteristics relating to the Product and the information relating to the identity of the Seller in the Marketplace.
Particular
designates the person offering their Product for Buyback to be repurchased by the Seller, acting as a Rebuyer, after subscribing to the Buyback Service.
Part(s)
designates, individually, DAYRA GROUP or the Client, or, jointly, DAYRA GROUP and the Client.
Platform
means the Internet platform accessible at the address www.dayrabeauty.com and which groups together all the websites, services and functions offered to Users and, in particular, the Marketplace.
Product(s)
designates the products sold on the Platform by the Sellers.
Rebuyer
designates the Seller who has subscribed to the Buyback Service to repurchase the Product from the Individual.
Data Controller
designates the controller of personal data within the meaning of Article 4 (7) of the GDPR.
GDPR or Regulation
refers to European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Service(s)
refers to all the services offered by DAYRA GROUP to Clients through the Platform.
Website
designates the website www.dayrabeauty.com
User(s)
designates any natural or legal person(s) who uses the Platform to purchase Products from Sellers for non-commercial purposes.
Vendor(s)
designates any professional(s) who offers Products for sale to Clients on the Platform.
3. Purpose of the General Conditions of Use for Customers
The purpose of these Customer Terms and Conditions is to establish the rules for access to the Marketplace and the use of the Services offered by DAYRA GROUP
The Customer T&Cs apply to any User from the moment they access and browse the Website.
4. Access - Use of the Platform
4.1. Access
In order to access the Platform Service, the User must:
(i) Accept these Customer T&Cs without reservation after becoming aware of them and, where appropriate, download them on a reliable and durable medium;
(ii) Create a Client Account, although only natural persons of legal age and capacity in the sense of , as well as legal persons under private law who are not acting for professional purposes, are authorized to create a Client Account.
4.2. Use of the Platform
By registering on the Website, the User undertakes to provide truthful and complete information in order to enable the proper execution of the Services. In the event of any change affecting the information provided, the User informs DAYRA GROUP through the "My Account" interface made available on the Platform.
The Service is accessible using the username and password provided by the User when creating the Client Account. These connection identifiers are strictly personal and confidential, so the User undertakes not to disclose them. In the event that the User becomes aware that a third party has fraudulently connected to their Customer Account, they must notify DAYRA GROUP without delay through its customer service
The User undertakes to act and behave correctly on the Platform and, in particular, to (i) not to make abusive, defamatory, discriminatory or racist statements, (ii) not to harass other Customers or Sellers, (iii) not to contravene the legal or regulatory provisions in force, the rights of individuals, public order or good customs, and (iv) not impair the proper functioning of the Platform.
5. Description of Services - Cost of Services
5.1. Description of the Services
DAYRA GROUP offers different services to Users:
- - Liaising with Sellers;
- - The provision of a Customer Account;
- - Secure online payment;
- - Boat service;
As well as numerous quality improvements to accompany Users throughout their browsing of the Website.
5.1.1 Integrated Payment Service
Some functionalities of the Website use tools and services provided by third parties that may be governed by different general conditions. For example, in order to use the integrated payment service, you must agree to the terms and conditions of third-party providers. They will be made available to you, as part of the services provided by the third parties concerned, in a format that allows them to be reproduced and stored. You must accept them separately if you wish to use the services offered by such third parties.
Payment is made online according to the payment methods proposed by the Platform, mainly:
- - Bank card (Visa, Mastercard, American Express)
- - PayPal (cash or installment payment)
- - Direct debit (payment in instalments between 13 and 36 months)
5.2 Cost of Services
The opening of the Client Account is free of charge (except for possible connection costs, the price of which depends on the communications operator of each User), with no obligation to purchase on the Website.
Some complementary services detailed on the Website are accessible to the User on the condition that he/she registers in advance and pays the corresponding cost.
DAYRA GROUP always acts as an intermediary between Buyers and Sellers, and is not a party to the sales contract concluded between Buyers and Sellers. DAYRAGROUP is neither a seller, nor a reseller, nor a distributor of the Products, nor does it own or possess the Products. Furthermore, DAYRA GROUP does not guarantee the safety, conformity or regularity of the Products, and declines all liability in this regard.
DAYRA GROUP reserves the right to adjust the amount of its service costs at any time.
6. Closing the Client Account
6.1. Closure of the Client Account by the User
The User may close his/her Customer Account at any time without prior notice from his/her Customer Account. If the User has placed an Order with the status of which is "in progress", the closure of the account will take effect at the end of the withdrawal period.
DAYRA GROUP invites the Client to download all the documentation relating to their order history (invoices, etc.) on a reliable and durable medium before closing their Customer Account.
6.2. Closure of the Client Account by DAYRAA GROUP
DAYRA GROUP may close the Client Account if the User (i) does not accept the new Client TOS or (ii) does not comply with the conditions of use of the Service indicated in clause 4.2 hereof. In such a case, the User will be informed by email of the reasons for the closure of his/her Client Account and the date of closure.
The closure of the Customer Account does not prevent the User from making a claim using the contact form and activating the guarantees within the deadlines provided for in the General Terms and Conditions of Sale available on the Website.
7. Personal data
DAYRA GROUP, in its capacity as Data Controller, collects and processes personal data of Users. The types of data collected, as well as the purpose of their processing and the storage period are detailed in the "Privacy Policy" section, accessible on the Website
8. Cookies
DAYRA GROUP uses cookies, the detailed use and management policy of which can be accessed on the Website in the "Cookies" section and available on our website.
The User is reminded that he/she may unsubscribe at any time from promotional e-mails sent by DAYRA GROUP from his/her Customer Account.
9. Intellectual Property
All texts, comments, works, illustrations and images reproduced or represented on the Website are strictly reserved for copyright and intellectual property rights for the entire duration of the protection of such rights and throughout the world. In this sense, and in accordance with current regulations on intellectual and/or industrial property and copyright, its use is only authorized for private use. Any reproduction, representation or adaptation, in whole or in part, of the Website and/or all or part of the elements contained in or incorporated into the Website is strictly prohibited.
Company names, trademarks and distinctive signs reproduced on the Website are protected by trademark law. The reproduction or representation of all or part of any of these signs is strictly forbidden and must be subject to the prior written consent of the owner.
Some Products are subject to personal and specific usage rights governing copying, public broadcasting, leasing, etc. The Client undertakes to abide by the contractual conditions applicable to such Products. DAYRA GROUP declines all liability in relation to the uses that may be made of these Products in this context.
10. Liability
DAYRA GROUP shall only be liable to the Buyer for those events that are directly attributable to it and that cause the Buyer damages directly related to such events. DAYRA GROUP shall not be liable in any way for consequential damages. DAYRA GROUP also declines all liability for the incorrect use of the Service by the Buyer or for any fault on the part of the Buyer. Nor will it be liable for acts attributable to a third party unrelated to the Service.
With regard to the Services and access to the Platform, DAYRA GROUP may be required to carry out improvements, repairs and/or maintenance operations on its Platform, and reserves the right to temporarily suspend or limit access to the Services in question. DAYRA GROUP declines all liability in the event of the inability of the User or the Client to access the Website or all or part of a Service.
DAYRA GROUP acts in its capacity as responsible for the hosting of the Platform and, in this sense, is not responsible for the Products offered for sale through it. The Seller is responsible for the conformity of the Products offered for sale with respect to the compliance and safety obligations imposed by the regulations in force. Consequently, the Client is informed, and the Client acknowledges it, that DAYRA GROUP will not be liable under any circumstances for the fulfilment of the sales contract entered into between the Buyer and the Seller.
11. Partial nullity
If one or more provisions of these Customer T&Cs are held to be invalid or are declared invalid pursuant to a law, regulation or final decision of a competent court, the other provisions shall retain their full force and scope.
12. Applicable Law, Jurisdiction and Handling of Claims under the Service - Online Dispute Resolution and Mediation
These Client T&Cs are subject to Spanish law. Any dispute relating to its interpretation and/or compliance will be subject to the competence of the competent Spanish Courts and Tribunals in accordance with the conditions of common law.
The Buyer may use a mediation service for consumer disputes related to a purchase made through the Service.
In accordance with the rules applicable to mediation, any consumer dispute must be referred in advance through the procedure set out in point 5.1 before any request for mediation.
13. Modification of these Customer T&Cs
DAYRA GROUP reserves the right to make changes to these T&Cs. Each new version will be brought to the attention of Customers.