Terms of purchase

Set out below is the contractual document that will govern the purchase of products through the website https://modestacassinello.com/, owned by Mediterranean Cosmetic Actives, S.L. (hereinafter the provider). Acceptance of this document means that the user:

1. Has read, understands and comprehends what is set out herein.
2. Is a person with sufficient capacity to make purchases.
3. Assumes all the obligations set out herein.

These conditions shall apply to all purchases made through the website. The provider reserves the right to unilaterally modify these terms and conditions, without this affecting goods or promotions acquired prior to the modification.

Identity of the parties

On the one hand, the supplier of the goods or services contracted by the user is Mediterranean Cosmetic Actives, S.L., with registered address at Calle Pacífico 100, Local Bajo, 29004, Málaga (Spain), Tax ID (CIF) B19621853, customer service telephone 686 51 68 74 and email: hola@modestacassinello.com and, on the other hand, the user, registered on the website as a guest or with a username and password, who provides the details for whose use and safekeeping they are fully responsible, and who is responsible for the accuracy of the personal data provided to the provider.

Purpose of the contract

The purpose of this contract is to regulate the purchase relationship arising between the provider and the user at the moment the user ticks the corresponding box during the online purchase process.

The contractual purchase relationship entails the delivery of a specific product in exchange for a set price publicly displayed on the website.

General information

The terms and conditions described on this page apply only to orders placed through the website.

These products may only be sold in the areas defined by the provider (Spain, except Ceuta and Melilla, Portugal, France, Italy, Austria, Belgium, Germany, Ireland, Luxembourg, Greece, the Netherlands and Poland). However, if you are interested in our products and are located in a geographical area where we do not offer online sales, you can ask us whether shipping is possible by calling 686 51 68 74 and/or by email: hola@modestacassinello.com

The only currency used will be the euro. The purchase process may be carried out in Spanish. If it can be carried out in another language, this will be indicated in the website header.

Stock availability is subject to final confirmation by the provider, and will initially be shown next to each product.

For any information about the order, the user may contact customer service by telephone and/or email: 686 51 68 74 / hola@modestacassinello.com

For any query, you can contact customer service on 686 51 68 74, Monday to Friday, from 10:00 to 19:00.

Purchase process

The purchase procedure is carried out entirely electronically through the website.

To start your purchase, you must choose between three options: you may complete a form with a series of details in order to register and, subsequently, for the management, invoicing and shipping of orders.

Users who have already registered must enter their username and password to start and complete their purchase. The user undertakes to use their password diligently and not to make it available to third parties, and to inform the provider if it is lost or forgotten, or of any possible access by an unauthorized third party, so that the provider can block it immediately.

Once your user account has been created, you will receive a welcome email confirming its activation.

As a third option, you may make your purchase as a guest without registering as a user.

In all options, you simply need to choose the product you wish to purchase and select the number of units you want to order; before purchasing, you must view all the characteristics of the product on its technical description sheet. Once informed of all the characteristics of the product, if you decide to continue with the purchase process, click the "add to cart" button.

All products included in the "cart" may be removed whenever you so indicate.

If you modify any of the details entered, the summary shown on screen will change automatically. There is also a space specifically provided for you to add specific comments about your purchase.

After adding a specific product, you can continue shopping, and all selected products will remain in the basket or cart until you click the button to continue with the ordering process.

Once you have selected the final products that will make up your shopping basket, go to “view cart” and click the checkout button. You will have the option to enter coupon codes, if you have any, to apply discounts. Discount codes may be given to customers and will provide a discount on the new purchase or on shipping costs, for a limited validity period and subject to a minimum amount. If the user has a discount code, they must enter it in the corresponding box before making payment so that the discount is applied before completing the purchase. If you have not entered your discount coupon, the discount cannot be applied.

To complete your purchase, click “pay now”. In all cases, you must accept the terms of purchase. The provider, in accordance with the privacy policy indicated, will guarantee the confidentiality of your data.

You can also speed up the purchase process by clicking “buy it now”; this option skips the cart and takes you directly to the purchase form to enter your details and make payment.

Once the purchase is completed, a summary screen of the purchase will be displayed. You will also receive an email with all the characteristics, price, transport methods, delivery times and date of the contract, and you will be able to download the invoice in electronic format. This document is confirmation that the purchase has been completed successfully and will serve as proof for any type of claim, provided that the corresponding proof of payment is attached.

It is essential that the user provides a valid email address during the purchase process. Please check your "junk mail" or "spam" folder, as the email may have been detected as spam; if it is not there, please let us know so that we can solve the problem.

It is possible that one or more of the products in the customer's order may not be available at the time the order is processed. If the product selected by the customer is out of stock, the customer will be informed of the new estimated delivery time and may choose, if they wish, to have the purchase amount refunded. If it is not possible to restock a product quickly, the amount paid will be refunded directly using the same payment method used by the customer or the one the customer prefers.

You can call us on 686 51 68 74 for a more accurate estimate to confirm stock and delivery forecasts, or email us at hola@modestacassinello.com

Cancelling an order

If you have changed your mind and wish to cancel your order, please contact us immediately by emailing hola@modestacassinello.com or by calling 686 51 68 74, Monday to Friday, from 10:00 to 19:00.

Product prices and offers

Orders include value added tax (VAT) or any other applicable taxes, as well as shipping costs (if any), and will in all cases be expressed in euros (€). The prices indicated can be viewed from the start of the purchase, and these taxes will be itemized in the final summary before payment, including charges for taxes, transport or any other service. Every payment made to the provider will result in an invoice being issued in the user's name.

Offers and validity

Offers and promotions on this website will be accompanied by the corresponding information next to the product on offer. You will be able to view this information, its period of validity and the characteristics and conditions of the offer and promotion. Price reductions will be clearly displayed next to the usual price, without overlapping the reduced price in each case.

Payment methods

We offer the following payment methods:

• Payment by credit/debit card: with this type of payment, the customer accesses a controlled environment in which they provide their card details directly to the payment entity, which connects them with their bank to authorize the transaction. In this way, payment is made directly, legitimately and securely, keeping the card information private at all times. Modesta Cassinello will never collect your card details.
• PayPal: to use this method, you must have an associated account or create one. Your card details will be stored securely within your PayPal account, and you will be able to use your account on our website and on other commercial websites that accept PayPal.
• Bank transfer. To process your order, you must make a bank transfer to our account number, which we will give you when confirming the order. Delivery time may depend on confirmation of payment. You can check the availability of this method by calling customer service.
• Payment by Bizum; with Bizum you can send and receive money through your bank's app. The money will reach the account of whoever you choose in less than 5 seconds, securely, using only a phone number. Go to your bank's app or website to sign up for Bizum. You can check the availability of this method by calling customer service.
• Cash on delivery: payment by cash on delivery. This service is only available for orders shipped to mainland Spain; you can check its availability by calling customer service. This method has no additional charge.
• Express payment with Google Pay. Customers who have added their debit or credit card to the platform can pay using their mobile phone, smartwatch or any Android device with NFC.
• Express payment with Apple Pay. For customers who have added their debit or credit card to the iPhone Wallet app. The service is available on iPhone, Apple Watch and iPad.

Security

THE COMPANY has the highest security measures commercially available in the sector. In addition, the payment process runs on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that information is transmitted in encrypted form, ensuring that it is only intelligible to the Customer's computer and the Website's computer. In this way, the use of the SSL protocol guarantees:

1. That the Customer is communicating their data to THE COMPANY's server centre and not to any other server attempting to impersonate it.
2. That data is transmitted in encrypted form between the Customer and THE COMPANY's server centre, preventing it from being read or manipulated by third parties.

Order delivery and shipping costs

Orders will be delivered to the delivery address freely designated by the user. During registration you may give us a different address for receiving your orders.

Purchased products will only be shipped once the user has made full payment and it has been received by the provider; until then, the purchase will not be deemed completed.

The provider accepts no liability where delivery of the product cannot be made because the details provided by the user are false, inaccurate or incomplete, or where delivery cannot be made for reasons beyond the provider's control, such as the absence of the recipient or the shipment being held at customs. Notwithstanding the above, we will take the measures required of a diligent trader so that delivery can be made within the agreed time or, failing that, as soon as possible, to the satisfaction of both sender and recipient.

Customs duties and taxes for international shipments or areas with special tax regimes:

Items shipped internationally or to areas with special tax regimes may be subject to customs duties and sales taxes or value added tax (VAT) applied by the authorities at the destination. These charges vary and depend on each customs office; for more information, please check with your customs office to verify import charges. To complete your purchase, you are asked to acknowledge that any applicable customs duties and taxes are your responsibility.

Receipt of the order:

The customer, or a person appointed by them, must check immediately upon receipt whether the goods show any damage caused during transport and may also, if possible, ask the carrier for written confirmation of any visible damage to the packaging caused by transport. When the carrier delivers the order, please check:

• That the product or products are not damaged or altered.
• That the number of items delivered matches the number stated on the transport document.

- If you are asked to sign for the delivery:

• Inspect the item before signing.
• If you find any noticeable problems, note them on the carrier's official documentation.
• Keep all shipping documents and packaging.
• Contact us as soon as possible.

- If the product was left by the carrier:

• Inspect the item as soon as possible.
• If you find any noticeable problems, keep all shipping documents.
• Contact us as soon as possible.

If at the time of delivery you find that the products have been damaged in transit, if possible, refuse the order or contact us as quickly as possible via our customer service telephone 686 51 68 74 and/or email: hola@modestacassinello.com so that we can deal with the incident.

Shipping times and costs:

Purchases made after 14:00 will be processed from the following day.

Orders placed at weekends will be processed from the Monday of the following week, and orders placed on public holidays will be processed on the next working day.

Shipping costs will be shown before starting the purchase process and once the payment button is enabled. These costs include VAT or other taxes that may apply, which you will see itemized before completing your order, and will in all cases be expressed in euros (€).

• Domestic shipping:

We ship orders to all parts of Spain, except Ceuta and Melilla.

The cost? 0€, provided the minimum order is 40€ for mainland orders and 49€ for orders to the Balearic Islands or the Canary Islands.

Delivery times:

We work to deliver your order within 24/48 working hours from the moment you receive the shipping confirmation email telling you that your order is already with the corresponding transport company.

If you live in the Balearic Islands or the Canary Islands, the delivery time is a little longer: you will receive your order within 5 to 7 working days.

These times may vary during launch periods, promotions or the Black Friday campaign; however, you will be informed of the delivery dates.

Shipment tracking:

Once you have made your purchase and we have handed your order to our partner transport company, the carrier will send you an email letting you know that the parcel is out for delivery.

From this same email you can track your shipment or choose the delivery option that suits you best.

• International shipping

Which countries do we ship to?

Portugal, France, Italy, Austria, Belgium, Germany, Ireland, Luxembourg, Greece, the Netherlands and Poland.

The cost? 14,95€ if your order does not exceed 120€. If it does, shipping is free.

Delivery times:

Delivery times vary depending on the country where you place your order. We always try to get your shipment to you as soon as possible. You can contact us by email at hola@modestacassinello.com to ask about the specific delivery time.

Delivery times may vary during launch periods, promotions or the Black Friday campaign.

For specific information on shipping times or costs to international destinations and to destinations not offered on the website, please contact us by email at: hola@modestacassinello.com

What should you do if there is a problem with your shipment?

In this case, email us at hola@modestacassinello.com or call us on 686 51 68 74 and tell us what happened; we will help you solve the problem.

Returns policy or Right of withdrawal

Case 1: Returns due to withdrawal from the purchase

All products purchased on this website may be returned and refunded, provided you inform us of your intention to return the product(s) within 14 calendar days of receipt.

The amounts paid for the item(s) will be refunded, as well as the initial shipping cost. However, if the consumer and user has expressly selected a type of delivery other than the least expensive type of standard delivery, the trader will not be obliged to reimburse the additional costs arising from it.

The consumer and user will only bear the direct cost of returning the goods, as permitted by Article 108.1 of the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws. This cost will be 4,90€ when the return is made by drop-off at an authorized collection point and 5,90€ when the consumer requests collection of the product from their home.

Cases in which, under Article 103 on exceptions to the right of withdrawal of the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, we do not accept returns of any product:

The right of withdrawal shall not apply to contracts relating to:

1. The provision of services, once the service has been fully performed, and, where the contract imposes on the consumer or user an obligation to pay, when performance has begun with the prior express consent of the consumer or user and with their acknowledgement that, once the trader has fully performed the contract, they will have lost their right of withdrawal.
2. The supply of goods or the provision of services whose price depends on fluctuations in the financial market which the trader cannot control and which may occur within the withdrawal period.
3. The supply of goods made to the consumer and user's specifications or clearly personalized.
4. The supply of goods which are liable to deteriorate or expire rapidly.
5. The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
6. The supply of goods which, after delivery, are, according to their nature, inseparably mixed with other items.
7. The supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, which cannot be delivered before 30 days, and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.
8. Contracts where the consumer and user has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance; if, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than replacement parts necessarily used in carrying out the maintenance or repairs, the right of withdrawal shall apply to those additional services or goods.
9. The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed by the consumer and user after delivery.
10. The supply of a newspaper, periodical or magazine, with the exception of subscription contracts for the supply of such publications.
11. Contracts concluded at a public auction.
12. The provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.
13. The supply of digital content which is not supplied on a tangible medium once performance has begun and, where the contract imposes on the consumer or user an obligation to pay, when the following conditions are met:
    
    1. The consumer or user has given prior consent to begin performance during the withdrawal period.
    
    2. The consumer or user has expressed their acknowledgement that they thereby lose their right of withdrawal; and
    
    3. The trader has provided confirmation in accordance with Article 98.7 or Article 99.2.

The withdrawal period will end 14 calendar days from:

• a) The day the contract is concluded, in the case of service contracts.
• b) The day on which the consumer and user, or a third party indicated by them other than the carrier, acquires physical possession of the goods ordered, in the case of sales contracts, or:

1. In the case of multiple goods ordered by the consumer or user in a single order and delivered separately, the day on which the consumer or user, or a third party indicated by them other than the carrier, acquires physical possession of the last of the goods.

2. In the case of delivery of a good consisting of multiple components or pieces, the day on which the consumer or user, or a third party indicated by them other than the carrier, acquires physical possession of the last component or piece.

3. In the case of contracts for the regular delivery of goods during a defined period of time, the day on which the consumer or user, or a third party indicated by them other than the carrier, acquires physical possession of the first of those goods.

• c) In the case of contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium, the day on which the contract is concluded.

Case 2: Returns due to a defective product or an error in the order.

If you consider that, at the time of delivery, the product does not conform to what was stipulated in the order, you must contact us through the channels provided for this purpose, and we will tell you how to proceed. The amounts paid for products returned due to a flaw or defect, where one actually exists, will be refunded in full, including the shipping costs incurred in delivering the item to you. The refund will be made using the same payment method used to pay for the purchase or the one indicated by the consumer in their request.

Returns arising from an error in the service: in such cases, we undertake to exchange the product for an identical one, provided it is available. If the exchange cannot be made, the full amount paid will be refunded.

We will examine the returned product and inform you by email or telephone within a reasonable period whether the refund or replacement (where applicable) is appropriate.

Steps to follow

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement (for example, an email, a letter sent by post or a fax). You may use the model withdrawal form, although its use is not mandatory. You can download it here.

For this purpose, our details are: Mediterranean Cosmetic Actives, S.L. Calle Pacífico 100, Local Bajo, 29004, Málaga (Málaga), Telephone: 686 51 68 74 and email: hola@modestacassinello.com

New fast online channel: in accordance with European regulations, you can exercise this right completely digitally and directly through our web platform by clicking on the URL of your customer account (account.modestacassinello.com). If you use this option, we will send you an acknowledgement of receipt by email without delay, confirming your withdrawal.

Upon receipt of the products, we will examine them and then inform you whether or not you are entitled to a refund of the amounts paid for the product(s) purchased, including delivery costs, if any. The return process will be carried out as soon as possible and, in any case, within 14 days from the date on which we were notified of your intention to withdraw. In your message, remember to include your order number and the reason for the return.

After examining the item, we will inform you whether you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within 14 calendar days from the date on which you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of having sent back the goods, whichever condition is met first.

The refund will always be made using the same payment method you used to pay for the purchase or the one you prefer. If the amount has not been charged to your account, we will simply accept the return. The consumer and user will only bear the direct cost of returning the goods, as permitted by Article 108.1 of the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws.

Partial returns and/or cancellations will result in partial refunds of the amount paid for the order.

Applicable guarantees

In accordance with Royal Legislative Decree 1/2007, all products have the legally established guarantee for manufacturing defects.

Products are deemed to be in conformity with the contract provided that they:

• Match the description given by us and possess the qualities that we have presented on the website.
• Are fit for the purposes for which products of the same type are ordinarily used and,
• Show the quality and performance that are usual in a product of the same type and that can reasonably be expected.

In this regard, if any of the products does not conform to the contract, you must inform us by calling customer service and we will help you manage the matter.

In the case of a defective item and/or product, we will proceed, as appropriate, with replacement, price reduction or termination of the contract, all of which will be free of charge for the CUSTOMER. If, due to availability, the product cannot be replaced, the full purchase amount will be refunded.

Comments, suggestions, complaints and claims

Your comments and suggestions are welcome. Please send us your comments and suggestions, as well as any queries, to our Customer Service team using any of the following channels:

• Address: Mediterranean Cosmetic Actives, S.L. Calle Pacífico 100, Local Bajo, 29004, Málaga
• Telephone: 686 51 68 74
• Email: hola@modestacassinello.com

In addition, official complaint forms are available to consumers and users. You can request them through the channels mentioned above. Mediterranean Cosmetic Actives, S.L. will respond to complaints received as quickly as possible and, in any case, within the period established by the applicable regulations.

Applicable law and jurisdiction

This website is subject to Spanish law and, in the event of any dispute or controversy arising from the use of this website, both parties submit to the jurisdiction of the courts of the city of Málaga. This clause of express submission to the courts of the city of Málaga shall not apply to disputes with users of the website who, under current legislation, are considered consumers, in which case the provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the place where the user is located.

Likewise, the provider and the user may submit their disputes to the arbitration procedures provided for in arbitration legislation and consumer and user protection legislation, and to the out-of-court dispute resolution procedures established through codes of conduct or other self-regulatory instruments.

If you are not satisfied with the products or services contracted and you are a customer from a European Union country other than Spain, you may use the following link to submit the appropriate complaint: http://ec.europa.eu/consumers/odr/