TeRMS AND CONDITIONS  

 

CONTRACTING PROCEDURE

2.1. Elegibility to purchase

In order to place an order via the Website, the Customer must be 18 years old or more and must be the end customer. Individuals under 18 years old are expressly excluded.

If the Customer is not registered in Dona Kolors’ system and places an order, the Customer will be automatically registered as such in Dona Kolors’ system.

2.2. Placing an order

To place an order via the Website of Dona Kolors, you have to follow these steps:

  • Select the products you would like to purchase and add them to "My basket".
  • Proceed to check out.
  • Enter a delivery address and your payment info.
  • Select a method of payment and click "Enviar pedido" (Submit my order). By clicking "Enviar pedido" on the order form, the Customer fully accepts all Conditions of sale contained as per the Website at the moment of contracting.
  • Make the payment.
  • If the payment is authorized, the Customer will receive confirmation of receipt of the order. With the exception of the circumstances detailed in Sections 2.3 y 2.4, this confirmation constitutes acceptance of the order by Dona Kolors and creates a binding agreement between the Customer and Dona Kolors.

It is recommended that the Customer prints and/or saves a copy of the sale conditions when placing an order.

A copy of the confirmation of receipt will be sent via email to the email address of the Customer. We recommend you print or download a copy for future consultation.

Dona Kolors reserves the right to modify the Conditions of sale at any time, and without prior notice to the Customer. However, Dona Kolors will announce such modifications on the Website. If an order is canceled for any of the reasons above, Dona Kolors will refund (if applicable) the purchase price of the order. Shipping costs are not refundable, except in certain circumstances. Also, once the Customer receives confirmation of receipt of his/her order from Dona Kolors, the applicable Conditions of sale cannot be changed.

2.3. Product availability

The completion of an order placed via the Website is subject to availability of the items. Dona Kolors does its best to guarantee stock of all items on sale to satisfy customer demand.

If the ordered item is not available or out of stock, the Customer will be informed by email and the price paid will be refunded within 30 days after payment was made.

2.4. Dona Kolors’ right to cancel or not accept an order

Dona Kolors reserves the right to reject, cancel, or not accept a previously confirmed order for the following reasons:

  • A technical or pricing error on the Website when the order was placed. Please, try again later.
  • The ordered product is not available.
  • The payment information provided was incorrect or cannot be verified.
  • Security system indicates that the order is abnormal or may be a fraud.
  • There are reasons to believe that the Customer is less than 18 years old.
  • Dona Kolors has not been able, after 3 attempts, to deliver the order at the address provided.

If an order gets canceled for any of the above reasons, Dona Kolors will refund (if applicable) the price paid for the product and, in certain cases, the shipping costs as well.

2.5. Data verification

Before processing an order, Dona Kolors may verify the data provided by the Customer. This may involve verification of the address and financial solvency of the Customer and whether fraud is involved. Dona Kolors may use a partially automatic verification of all purchases to filter out those considered abnormal or suspicious, as well as those suspected of fraud. Orders suspected to be fraud will be investigated, and the Customer may be reported to the relevant authorities, who may take legal action against him/her.

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PRICE AND PAYMENT

3.1. Pricing and currency

Prices and offers showed in the Website include VAT (Value Added Tax) and are only valid for orders placed on line through the Website. These prices and offers may not coincide with those in the shops.

Prices are listed in Euros. If the Customer changes the country of delivery while browsing the website, prices may show momentarily in another currency.

Dona Kolors informs you that changing the country of delivery may affect the prices, due to the change of currency, to the specific prices of the country.

3.2. Methods of payment

Three methods of payment are available:

  • Bank transfer
  • PayPal (allows payments with Visa, Visa Electron, MasterCard, American Express)
  • Credit or debit cards through La Caixa (allows payments with Visa, Visa Electron, Maestro or MasterCard)

3.3. Changes in the prices

The prices on the Website are subject to changes. Dona Kolors reserves the right to change the prices at any time and without prior notice. However, once the order confirmation email is received from Dona Kolors, prices for that order will not be changed.

Dona Kolors informs you that, in spite of all updates made to the prices in the Websites, they may contain mistakes. All mistakes in the prices will be corrected quickly and will not be binding on Dona Kolors.

3.4. Value Added Tax

In order to comply with the applicable VAT according to the rules on distance sales, goods will be considered to be delivered in the member state that appears in the delivery address.

Therefore, all purchases made via the Website will be subject to VAT. The Vat applied will be the current standard rate of VAT in the member state where the goods of an order are delivered.

Customers outside of the territories where VAT is applied: following Dona Kolors’ VAT policy, VAT will be charged to Customers from those territories who purchase via the Website when placing an order.

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DELIVERY

4.1. Delivery: Where and When

Deliveries are made from Monday to Friday. There is no delivery service on the weekends and/or during local public holidays. Orders will only be delivered to private residences.

Goods will be delivered during business hours. To make deliveries easier, Customers are asked to use their job/business addresses or any other address where there will be someone to receive the package.

4.2. Delivery time

Orders are usually delivered within 4 - 7 working days. Orders generally arrive on time and, although Dona Kolors cannot ensure punctuality, all orders will be delivered within a period of 30 days max. after the order confirmation date.

Approximate delivery time:

  • Spain: 4-7 working days
  • Europe: 5-9 working days
  • Rest of world: 2 - 4 weeks (depends on country of delivery)

4.3. Parcel verification upon receipt

The Customer should check the parcel on receipt. If it is damaged, please, do not accept the delivery. Unless in contradiction to these Conditions of sale, the purchase price and shipping costs will be refunded when the returned product is processed at the warehouse. Dona Kolors informs you that the delivery must be verified within a reasonable period of time from receipt of the parcel. If Dona Kolors doesn’t receive a notification of refusal to accept the products within 30 days after delivery date, the order will be considered accepted. This doesn’t affect the Customer’s right to a refund or change, as stated in section 6.

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SHIPPING COSTS

Shipping costs apply to orders. Charges depend on the country of reception. Under no circumstances will orders be sent to areas where an import duty must be paid. Goods are always sent by mail, as a certified letter.

Delivery rates:

0 – 39.99 euro: 500 gr

  • Spain 5.03 euros
  • Europe 9.99 euros
  • Rest of the world 13.49 euros

40.00 – 80.00 euros: 1kg

  • Spain 7.53 euros
  • Europe 16.14 euros
  • Rest of the world 24.39 euros

80.00 – 120.00 euros: 1,5 kg

  • Spain 8.13 euros
  • Europe 23.69 euros
  • Rest of the world 39.89 euros

120 euro + free delivery

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RETURNS

6.1. Return of non-compliant products

Customers have the right to return non-compliant or defective products. From the moment the Customer detects that the product is non-compliant, he or she has 2 months to inform Dona Kolors about the defect or non-compliance and proceed to return the product to Dona Kolors.

If a Customer returns the product because it is defective or does not comply with the order, the return of the product will be accepted, purchase price and shipping costs will be refunded by Dona Kolors, plus the return shipping costs (direct costs), within an approximate period of thirty (30) days after the defective product is received by Dona Kolors.

Without prejudice to the above, the Customer has rights as a consumer under the current applicable regulations on consumer protection.

6.2. Return of products for any other reason (Right of revocation)

If a Customer is not satisfied with the purchased goods, whatever the reason may be, the product can be returned within 14 calendar days after the delivery date without any explanation. The Customer can always return a purchased product as long as:

  • The product has not been washed or used in any way (except for checking or trying the product on for size/fit).
  • The product is complete (If two elements go together, they must be returned together).

Products must be returned in their packaging and with original labels, along with the corresponding return note. Dona Kolors will inspect the returned goods. Purchase price – and shipping costs only if Dona Kolors made a mistake – will be refunded 30 days upon receipt of the products’ return note.

6.3. Exchange of products

At the moment products can not be exchanged. In order to get a product in another color or size, the Customer must return the original item and place a new order via Dona Kolors Website.

6.4. Return of gifts

In order to return a product that has been received as a gift, the Customer must contact the person who gave him/her the gift and ask him/her to follow the returns procedure. The refund will be issued in the same method of payment as the original payment.

6.5. More information about refunds

The refund will be issued in the same method of payment as the original payment.

Dona Kolors will not refund until the item is received and examined in the warehouse. Once the condition of the product is verified, the Customer will be refunded thirty (30) days after receipt of the product by Dona Kolors.

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CONDITIONS FOR PROMOTIONAL CODES

7.1. When promotional codes are used according to its specific terms and conditions, they can be used for a discount on the purchase of a single product or a discount on an order during the period of time specified in the promotional code.

7.2. Promotional codes are personal and may not be transferred. They may only be used for purchases on the Website. The Customer may not sell, exchange or assign promotional codes. Promotional codes cannot be uploaded or disclosed via websites or by other media to make public offers, gifts, sales or other exchanges. Promotional codes may not be used for commercial purposes.

7.3. Only one promotional code can be used per order and per product. Promotional codes cannot be combined with any other special offer or promotion.

7.4. Promotional codes may not be exchanged for money.

7.5. Dona Kolors is under no obligation to reissue or refund promotional codes. However, if Dona Kolors decides at its own discretion to reissue or refund promotional codes, the promotional code of the customer would be needed. The Customer is always asked to keep a copy of the promotional code; without it, reissuing or a refund is not possible.

7.6. Dona Kolors reserves the right to void a promotional code immediately if it suspects that it is being used in violation of any of the above conditions, in any other improper way or if it has reasonable grounds for voiding.

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VALIDITY OF THE OFFERS ("Sales in promotion")

8. The promotional offers shown on the Website to increase the sales of certain products are only valid while they appear on the Website, unless otherwise specified thereon.

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LIABILITY

9.1. These Conditions of sale set out the full extent of DonaKolors’ obligations and liabilities in respect to the supply of products. There are no warranties, conditions or other terms that are binding for Dona Kolors, except as expressly stated in the Conditions of sale.

9.2. Subject to clause 9.4, the maximum aggregate liability of either party to the other on all claims of any kind under or related to these Conditions of sale, whether in contract, warranty, condition, tort, strict liability, statute or otherwise, SHALL BE LIMITED TO THE AMOUNT PAID TO DONA KOLORS FOR THE PRODUCT IN QUESTION.

9.3. Subject to clause 9.4, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES.

9.4. Nothing is these Conditions of sale shall limit or exclude Dona Kolors liability for (i) death or personal injury caused by Dona Kolors negligence, (ii) fraud, (iii) any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which can not be excluded by law.

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PERSONAL DATA PROTECTION

10. We inform the Customers that your personal data will be included in files property of Dona Kolors for commercial research, marketing and promotional purposes, and that you may receive (by post, email, or other electronic media) commercial messages about products, services, offers, deals and updates related to Dona Kolors.

The Customer can exercise his/her right to access, modify, correct and object the use of his/her personal data by sending a request in writing to Dona Kolors, Av. Drassanes, 27 baixos, 08001 Barcelona (Spain) or by email to info@donakolors.cat. Customers guarantee the truthfulness and accuracy of the personal data made available to Dona Kolors.

Purchases made through the Website of Dona Kolors and under these Conditions of sale are subject to the Spanish law.

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COOKIES POLICY

See cookies policy

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APPLICABLE LEGISLATION

Purchases made through the Website of Dona Kolors and under this Conditions of sale are subject to the Spanish law.

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COMPETENT JURISDICTION

Any dispute or discrepancy arising from the application or interpretation of these Conditions of sale, as well as the contracts incorporating them, shall be resolved in the courts of the city of Barcelona, Spain, which will have exclusive competence over any other jurisdiction. However, should the Customer have the status of consumer under the Spanish law for the defense of consumers and users, then the competent courts shall be those in the place of residence of the consumer within Spain.

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CONTACTING DONA KOLORS

If you have any question or concern regarding your order, you can reach Dona Kolors through the Contact section on the Website or by email: info@donakolors.cat

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