Legal notice

1 – GENERAL INFORMATION

The ownership of this website www.mrwaldron.es is held by: Maria Isabel Martínez Rosillo, with Tax ID (CIF): 15511025D, and whose contact details are: mariaisabel@mrwaldron.es This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.mrwaldron.es) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity that Mr.Waldron carries out through the Website comprises: Commercialization of cosmetic products. In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of Mr.Waldron. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all of the aforementioned, therefore, if you do not agree with all of this, you should not use this Website. Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them every time they access, browse and/or use the Website since those that are in force at the time the acquisition of products and/or services is requested will be applicable. For all questions that the User may have in relation to the Conditions, they may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2 – THE USER

Access, navigation, and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which reason all the Conditions established here, as well as their subsequent modifications, are accepted from the moment navigation begins on the Website, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

  • Making use of this Website only to make legally valid inquiries and purchases or acquisitions.

  • Not making any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed.

  • Providing truthful and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website. The Website is directed mainly at Users resident in Spain. Mr.Waldron does not ensure that the Website complies with the laws of other countries, either totally or partially. Mr.Waldron declines all responsibility that may derive from such access, nor does it ensure shipments or provision of services outside of Spain. The User may formalize, at their choice, with Mr.Waldron the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3 – PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.mrwaldron.es, during which various products and/or services can be selected and added to the cart, basket, or final purchase space and, finally, click on: "Confirm Order". Likewise, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified. Next, the User will receive an email confirming that Mr.Waldron has received their order or request for purchase and/or provision of service, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website. Once the purchase procedure has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User can, if they so wish, obtain a copy of their invoice on paper, requesting it from Mr.Waldron using the contact spaces of the Website or through the contact details provided above. The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the benefits; and recognizes that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case. The communications, purchase orders, and payments that intervene during the transactions carried out on the Website could be archived and kept in the computerized records of Mr.Waldron in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly attending to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (GDPR) and Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

 

4 – AVAILABILITY

All purchase orders received by Mr.Waldron through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply thereof and/or the provision of services. If difficulties occurred regarding the supply of products or there were no products left in stock, Mr.Waldron commits to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases where the provision of a service became unfeasible.

 

5 – PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless, by legal requirement, especially regarding VAT, a different matter is pointed out and applied. Shipping costs are not included in the final prices of the products as shown on the Website. Thus, Mr.Waldron negotiates with different agencies, with the intention of offering the best shipping option for our customers. In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen voluntarily and freely. Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation. The accepted means of payment will be: Credit or debit card, and PayPal. Likewise, the User may pay all or part of the purchase price with a gift card and/or a credit voucher card issued by Mr.Waldron. Mr.Waldron uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer). Credit cards will be subject to checks and authorizations by the issuing banking entity thereof; if said entity did not authorize the payment, Mr.Waldron will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User. Once Mr.Waldron receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the shipping confirmation and/or confirmation of the service provided in the form and, where appropriate, established places is sent to the User. If the means of payment is PayPal, gift card, or credit voucher card, the charge will be made at the moment Mr.Waldron sends a confirmation of the purchase order or acquisition of products and/or services to the User. In any case, by clicking on "Confirm Order" the User confirms that the payment method used is theirs, or that, where appropriate, they are the legitimate holder of the gift card or the credit voucher card.

 

6 – DELIVERY

In cases where it is appropriate to carry out the physical delivery of the contracted good, deliveries will be made within the scope of the following territory: Worldwide. Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days counting from the date of the order confirmation. If for any reason, attributable to them, Mr.Waldron could not meet the delivery date, they will contact the User to inform them of this circumstance and, the latter may choose to go ahead with the purchase establishing a new delivery date or cancel the order with the total reimbursement of the price paid. In any case, home deliveries are made on working days. If it were impossible to effect the delivery of the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again. If the User is not going to be at the delivery place in the agreed time slot, they must contact Mr.Waldron to arrange delivery on another day. In the event that 30 days elapse since your order is available for delivery, and it has not been delivered for a cause not attributable to Mr.Waldron, Mr.Waldron will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of shipping costs, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated. However, the User must keep in mind that the transport derived from the termination may have an additional cost that may be passed on to them. For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address. The risks that may derive from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when Mr.Waldron receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time subsequent to the complete receipt of the amount subject to payment by Mr.Waldron. In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be that legally in force at any time depending on the specific article in question.

 

7 – TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in case they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting Mr.Waldron through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal connection space to the Website. In any case, the User, before clicking on "Confirm Order", has access to the space, cart, or basket where their purchase requests are noted and can make modifications. Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (GDPR) and in Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights.

8 – RETURNS

In cases where the User purchases products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:

Right of Withdrawal The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 7 calendar days without the need for justification. This withdrawal period will expire 7 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired material possession of the goods acquired on the Mr.Waldron Website or in case the goods that make up their order are delivered separately, 7 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order. To exercise this right of withdrawal, the User must notify Mr.Waldron of their decision. They may do so, where appropriate, through the contact spaces enabled on the Website. The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Mr.Waldron makes available to them as an annexed part of these Conditions, however, its use is not mandatory. To meet the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires. In case of withdrawal, Mr.Waldron will reimburse the User for all payments received, including shipping costs (with the exception of additional costs that may arise if a second collection must be made due to causes attributable to the user) without any undue delay and, in any case, no later than 14 calendar days from the date on which Mr.Waldron is informed of the decision to withdraw by the User. Mr.Waldron will reimburse the User using the same payment method that they used to carry out the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, Mr.Waldron may withhold said reimbursement until having received the products or items of the purchase, or until the User presents proof of the return thereof, depending on which condition is met first. Any return of a product must be made through: devoluciones@mrwaldron.es And must be done without any undue delay and, in any case, no later than within 14 calendar days from the date on which Mr.Waldron was informed of the withdrawal decision. The User acknowledges knowing that they must assume the direct cost of return (transport, delivery) of the goods, if any were incurred. Furthermore, they will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. The User acknowledges knowing that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that may deteriorate or expire rapidly; music CDs/DVDs or video without their wrapping, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery. In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by Mr.Waldron, they will have lost their right of withdrawal. Items purchased on the website MrWaldron.es that can be returned in accordance with your right of withdrawal, will be those that have a factory defect, flaw, etc. in accordance with the definition of defective product contemplated in consumer protection regulations. In order for the exercise of your right of withdrawal and the return of a product purchased and delivered within a maximum period of 14 calendar days to proceed, Mr.Waldron needs to verify that it has not been manipulated, retains its original packaging or container, and proves delivery note, as well as purchase receipt or its corresponding invoice. Therefore, to proceed with said return, the product must be sealed with its original container, that is, the item sent is exactly the one acquired, has not been unsealed after delivery, is in perfect condition, has not been opened or used, except for flaw or defect. In any case, no refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original wrappers, instructions, and other documents that accompany them, in addition to a copy of the purchase invoice.

 

Return of defective products or error in shipping This concerns all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, they must contact Mr.Waldron immediately and let them know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement thereof is appropriate. The refund or replacement of the product will be carried out as soon as possible and, in any case, within 30 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate. The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always be upheld.

Guarantees The User, as a consumer and user, enjoys guarantees on the products they can acquire through this Website, in the legally established terms for each type of product, Mr.Waldron responding, therefore, for the lack of conformity of the same that manifests itself within a period of 5 days from the delivery of the product. In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Mr.Waldron and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected from it. When this is not the case regarding the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products marketed on the Website could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which therefore will form part of the individual appearance of the product, and will not be a defect. On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. To do this, the User must have kept all the information regarding the guarantee of the products.

 

9 – EXONERATION OF LIABILITY

Unless otherwise provided by law, Mr.Waldron will not accept any responsibility for the following losses, regardless of their origin:

  • Any losses that were not attributable to any breach on their part;

  • Business losses (including loss of profit, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or of

  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalized between both parties.

Likewise, Mr.Waldron also limits its liability regarding the following cases:

  • Mr.Waldron applies all measures concerning providing a faithful visualization of the product on the Website, however, it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or browser problems used or others of this nature.

     

  • Mr.Waldron will act with maximum diligence for the purpose of making the product object of the purchase order available to the company in charge of transport. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, road detentions, and in general any others typical of the sector, which result in delays, losses, or theft of the product.

     

  • Technical failures that due to fortuitous causes or of another nature, prevent a normal operation of the service through the internet. Lack of availability of the Website due to maintenance or other reasons, which prevents having the service available. Mr.Waldron puts all means at its disposal to carry out the process of purchase, payment, and shipping/delivery of the products, however, it exempts itself from liability for causes that are not attributable to it, fortuitous event or force majeure.

     

  • Mr.Waldron will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Mr.Waldron will also not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.

  • In general, Mr.Waldron will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that are due to force majeure, and this may include, by way of example, but not exhaustive:

     

    • Strikes, lockouts or other industrial action.

       

    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.

       

    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

    • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

    • Impossibility of using public or private telecommunications systems.

    • Acts, decrees, legislation, regulations or restrictions of any government or public authority. In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Mr.Waldron will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Mr.Waldron will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.

       

10 – WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with Mr.Waldron are electronic (email or notices published on the Website). For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information, and other communications that Mr.Waldron sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User. The User can send notifications and/or communicate with Mr.Waldron through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website. Likewise, unless otherwise stipulated, Mr.Waldron can contact and/or notify the User at their email or at the postal address provided.

11 – WAIVER

No waiver by Mr.Waldron of a specific right or legal action or the lack of requirement by Mr.Waldron of strict compliance by the User of any of their obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from the fulfillment of their obligations. No waiver by Mr.Waldron of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

12 – NULLITY

If any of these Conditions were declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13 – ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement existing between the User and Mr.Waldron in relation to the object of sale and purchase and replace any other pact, agreement, or promise previously agreed verbally or in writing by the same parties. The User and Mr.Waldron acknowledge having consented to the celebration of a contract without having relied on any declaration or promise made by the other party, except that which is expressly mentioned in these Conditions.

14 – DATA PROTECTION

The information or personal data that the User provides to Mr.Waldron in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of said information and data and declares that all the information or data provided are truthful.

15 – APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and/or use of this Website and product purchase contracts through it will be governed by Spanish legislation. Any controversy, problem, or disagreement arising from or related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Mr.Waldron and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16 – COMPLAINTS AND CLAIMS

The User may send Mr.Waldron their complaints, claims, or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information). In addition, Mr.Waldron has official complaint forms available to consumers and users, and they can request them from Mr.Waldron at any time, using the contact details provided at the beginning of these Conditions (General Information). Likewise, if a dispute emanates from the conclusion of this purchase contract between Mr.Waldron and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.

PP-DEBUG: Current path: /en/policies/legal-notice