TERMS AND CONDITIONS  

 

CONTRACTING PROCEDURE

1.1 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.

1.2 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.

1.3 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.

1.4 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

2.1 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.

2.2 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.

2.3 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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CONDITIONS FOR PROMOTIONAL CODES

3.1 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.

3.2 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.

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

3.4 Promotional codes may not be exchanged for money.

3.5 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.

3.6 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")

4. 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

5.1 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.

5.2 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.

5.3 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.

5.4 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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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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