LEGAL NOTICE AND CONDITIONS OF USE OF FRESHLY COSMETICS, S.L.
Hello! Welcome to Freshly Cosmetics!
This Legal Notice establishes the conditions of access and use of the website www.freshlycosmetics.com (hereinafter, the “Website” or “freshlycosmetics.com”).
Use of the website gives the person browsing the condition of User, which implies adherence to and an undertaking to comply with all conditions contained in these Conditions of Use and Legal Notice, in the version published at the time it is accessed. These conditions will apply regardless of the existence of other specific conditions applicable to certain services presented on the Website.
1. IDENTIFICATION DETAILS
We inform you that the entity that owns the domain freshlycosmetics.com is FRESHLY COSMETICS, S.L., a trading company incorporated in accordance with Spanish legislation, with address at Reus, postcode 43204, calle Nicaragua, number 34, registered in the Mercantile Registry of Tarragona under Volume 2,899, Folio 18, Sheet number T-48804, and holder of Tax Identification Code (C.I.F) B-55666143 (hereinafter, “FRESHLY COSMETICS”), in accordance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
If you have queries, suggestions, corrections or comments of any kind that may help to avoid or correct any type of incident or irregularity on our Website as quickly and efficiently as possible, please contact us by sending an email to [email protected]
2. TERMS AND CONDITIONS OF USE
The purpose of these conditions of use is the supply, by FRESHLY COSMETICS, of the products offered in its online store in exchange for a financial consideration.
The terms and conditions contained in this Legal Notice will apply to all those pages shown on the site map, which are the only ones included on this Website.
Access to this Website is the exclusive responsibility of the Users and implies accepting the legal notice as well as these terms and conditions of use.
The User must use this Website and its services lawfully in accordance with these terms and conditions of use and the current legislation.
FRESHLY COSMETICS may unilaterally amend the terms and conditions of use of this Website by publishing them in this Legal Notice, and this will take effect from the moment of publication.
FRESHLY COSMETICS sees customer satisfaction as a priority and wants to achieve this through providing an excellent service. It therefore guarantees the quality of the delivered products and their delivery under the terms mentioned below, as well as those established in the Conditions of Sale.
Prices and taxes
Products will be sold at the indicated price, which is the price specified at the time the order is confirmed by the customer.
All prices include current Value Added Tax (VAT) but exclude shipping costs that will vary depending on the number of products purchased and the country or region to which delivery must be made.
Once the customer has made the corresponding payment for the order, an order confirmation will be sent by email.
Payments for orders can be made via credit or debit card, Aplazame, through a PayPal account, cash on delivery or Multibanco.
- Bank Card: payment of your order can be made by Visa, Visa Electron, MasterCard or American Express. If you select card payment, you can enter all of your card details in theAyden o Checkout secure payment section.
- PayPal: to purchase with PayPal, select this payment method and click on COMPLETE ORDER. You will then be redirected to the PayPal page to make the payment.
- Aplazame: the Aplazame service will only be valid for deliveries to Spain. A window will open in which you will have to enter your Spanish ID Number (DNI). Bear in mind that this method is only available for credit cards. This will allow you to split your payment into up to three interest-free instalments for purchases of at least fifty euros.
- Multibanco: only available in Portugal.
- Cash on Delivery: orders made for cash on delivery must be paid for in cash upon delivery of the order. This service is available in Spain, Italy and Portugal.
Privacy and security/Payment methods
PayPal, Adyen, Checkout and Aplazame are the most reliable, secure and fastest way to make payments online. Effectively, since PayPal, Adyen, Checkout and Aplazame charge our customers directly, FRESHLY COSMETICS will not have access to your bank details.
For more information, you can visit www.paypal.com, www.aplazame.com, www.checkout.com, aplazame.com, the payment platform section of www.adyen.com, or you can contact us at [email protected]
Payment with Aplazame: the user accepts that all their personal data will be fully transferred to Aplazame from the moment they start arranging to use the deferred payment service offered by the latter at the time of choosing that payment method. This acceptance extends to third parties that need to access the files for the successful completion of the contract.
We have purchased the SSL Certificate, which protects the privacy of the consumer.
We reserve the right to use commercial data anonymously to study purchasing habits and uses.
If you wish to contact our Customer Service, you can send us an email at [email protected]
If you need help making a purchase online or about any products, do not hesitate to contact us via our email [email protected]. We will be delighted to help you!
5. FRESHLY CLUB
These conditions govern your relationship as a registered customer of Freshly Club.
What is FRESHLY CLUB?
FRESHLY COSMETICS has developed a programme to reward the loyalty of all our customers. Registration to FRESHLY CLUB is free and based on the fact that by buying from and interacting with Freshly you can obtain points that allow you to reach levels and unlock different rewards.
Orders must be made through the website www.freshlycosmetics.com, at any physical Freshly Store or by calling Customer Love.
How do I register for the FRESHLY CLUB?
It’s easy! You will automatically join FRESHLY CLUB when you register as a customer through our website www.freshlycosmetics.com, at any physical Freshly Store or by calling Customer Love, providing your contact details and accepting the Privacy and Personal Data Policy. You can start enjoying the customer rewards once you activate your account by clicking on “Join the Club” in your customer area of our website www.freshlycosmetics.com
Important! Your customer account is personal and non-transferable. Keep your account and password details safe and do not transfer or communicate them to third parties. The use of personal data by unrelated third parties is not permitted.
In order to become a customer of the FRESHLY CLUB, you must activate your account in the customer area of www.freshlycosmetics.com after the launch date of this programme. Joint registrations are not permitted.
What type of points can I earn?
There are two types of points: Freshly Coins and Freshly Drops.
Freshly Coins allow you to unlock discount coupons for use with future purchases. In principle, for every 50 Freshly Coins earned, the customer obtains a €5 discount coupon to use on their next purchase. You can use a €5 coupon for every €25 spent in Freshly, or in other words, if you have 2 of the €5 coupons available, to use both at the same time you must make an order of at least €50. Freshly Coins expire after 2 years and coupons expire 6 months from the day they were generated.
Freshly Drops allow you to level up and enjoy rewards. There's no need to redeem anything! As you collect Freshly Drops, you will automatically level up and will then be able to enjoy the specific rewards of each level. If you do not level up in 1 year, at the end of that year Freshly will re-evaluate the Freshly Drops and if you do not reach the minimum threshold you could drop down a level.
How are these points earned?
Now you know the types of points you have, find out how they are earned:
- For every € or £ spent on Freshly products, you will receive 1 Freshly Coins and 1 Freshly Drops. There are no decimals and they will be rounded up so that you receive whole points. You will be able to see the points calculation at the end of the purchase process once all discounts and coupons have been applied, excluding any delivery costs to be paid by the customer. If you end up returning or changing your order, the points obtained from that purchase will be deducted.
- You can earn 5 Freshly Coins and 10 Freshly Drops by refilling a product at any of the Freshly Stores. Receive points for every product refilled (including WOW products as a single product), so in other words, you can multiply the points earned by having more refilled products in your purchase.
- By collecting an order at any of the Freshly Stores, you earn 5 Freshly Coins and 10 Freshly Drops. This reward will be earned during the purchase process on the website when you select the “collect order in store” option. Important! These points are not earned if you select the “collection point” option.
- By subscribing to the newsletter, you earn 5 Freshly Coins and 10 Freshly Drops. They are earned when you sign up to the newsletter. If you are already signed up to the newsletter when you register for Freshly Club, they will be earned automatically without you having to do anything.
- By adding your birthday, you earn 10 Freshly Coins and 10 Freshly Drops. If you have already added your birthday as a customer, they will be added when you activate your Freshly Club account.
What are the FRESHLY CLUB levels?
Freshly Club is formed by 5 levels that you must reach progressively. Discover the different Freshly Club levels:
- SEED ( 0 and 74 Freshly Drops)
- ROOT (between 75 and 199 Freshly Drops)
- LEAF (between 200 and 499 Freshly Drops)
- PETAL (between 500 and 999 Freshly Drops)
- FRUIT (over 1000 Freshly Drops)
All new customers begin at the SEED level and as part of their welcome they receive 10 Freshly Coins, a coupon is unlocked to use with their next purchase and they receive a kit of 3 samples chosen by Freshly. When the customer reaches 75 Freshly Drops, they automatically move up to the ROOT level.
Upon reaching ROOT, the customer receives 15 welcome Freshly Coins and another coupon is unlocked to include 3 samples in their next order. They can also receive another coupon to include another Freshly product valued at €10 as a gift in any of the next orders they make. This product is chosen by Freshly. When the customer reaches 200 Freshly Drops, they automatically move up to the LEAF level.
At the LEAF level, the customer earns an additional 20 Freshly Coins and the coupon for 3 samples chosen by Freshly will be unlocked again. The customer can also receive a Freshly product valued at €20 as a gift in any of the next orders they make. This product is chosen by Freshly. At this level, experiences are unlocked and the customer will be able to book up to 2 hours of advice with the Customer Love team, split into 30-minute appointments over 3 months. Upon reaching 500 Freshly Drops, the customer levels up to PETAL.
On reaching the PETAL level, the customer earns an additional 25 Freshly Coins and the samples coupon will be unlocked again. This time it is for 4 samples chosen by Freshly. The customer can also receive a Freshly product valued at a maximum of €30 as a gift in any of the next orders they make. This product is chosen by Freshly. At this level, they also have reward experiences and the customer will be able to book up to 3 hours of advice with the Customer Love team, split into 30-minute appointments over 6 months. Upon reaching 1000 Freshly Drops, the customer levels up to the highest level which is FRUIT.
By reaching the FRUIT level, the customer receives the highest level of rewards we offer, with an additional 30 Freshly Coins and the samples coupon will be unlocked again, which on this occasion is a coupon for 5 samples chosen by Freshly. The customer can also receive a Freshly product valued at more than €30 as a gift in any of the next orders they make. This product is chosen by Freshly. The customer will also receive a birthday gift valued at more than €30. Similarly, there is an extra 10% in promos. At this level, they also have reward experiences and the customer will be able to book up to 5 hours of advice with the Customer Love team, split into 30-minute appointments over 6 months. The customer will receive 2 makeup services per year at one of our Freshly Stores. Finally, the customer will have exclusive access to the “Travel with Freshly” draw.
How does cancelling my registration work?
You can unsubscribe at any time.
FRESHLY COSMETICS reserves the right to cancel registration in the event that these conditions are violated, after written notice has been delivered.
FRESHLY COSMETICS may unilaterally amend or terminate the programme.
If any clause of these conditions is deemed invalid, illegal or ineffective, it will be severable from the conditions and will be deemed removed from the latter, without this having any effect on the validity of the remaining clauses
6. USE OF THE WEBSITE
The Website provides access to information on the products marketed by FRESHLY COSMETICS (hereinafter, “the contents”). The User accepts responsibility for the use of the Website and its contents, as well as any registration that, where appropriate, is necessary to access them.
FRESHLY COSMETICS pays great attention to information regarding the characteristics of the products through technical descriptions, lists of ingredients, instructions for use and photographs that illustrate the products.
The User guarantees the truthfulness of all data communicated through the Website, undertaking to keep them updated at all times.
The User undertakes to use the Website and its Contents in accordance with the Law, these conditions and other notices and instructions of which they are informed, as well as morals and generally accepted good customs and public order.
For this purpose, the User will refrain from using the Website and its Contents (such as chat services, discussion forums, news groups, etc.) for purposes or effects that are illegal, harmful to the rights and interests of third parties, or that may in any way damage, overload, deteriorate or impede the normal use of the Website, the computer equipment or the documents, files and all kinds of content stored on any computer equipment of FRESHLY COSMETICS or any other User.
Particularly, for example but without the list below being exhaustive, the User agrees to refrain from using the Website for the following purposes:
- To reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents of the Website, unless authorised by the owner of the corresponding rights, or where this is legally permitted;
- To disseminate contents or propaganda that is racist, xenophobic, pornographic or illegal, advocates terrorism or threatens human rights;
- To cause damage to the physical and logical systems of FRESHLY COSMETICS, its suppliers or third parties, or introduce or spread computer viruses on the network or on any other physical or logical systems that are capable of causing the aforementioned damage;
- To delete, manipulate or in any way alter the copyrights and other identification details of the reservation of rights of FRESHLY COSMETICS or their owners;
- To attempt to access and, where relevant, use the email accounts of other users and modify or manipulate their messages;
- To violate the industrial or intellectual property rights of FRESHLY COSMETICS;
- To collect data for advertising purposes and send any kind of advertising and communications for sales purposes or others of a commercial nature;
- To send chains of electronic messages;
FRESHLY COSMETICS reserves the right to remove all comments and contributions that violate respect for a person’s dignity, which are discriminatory, xenophobic, racist, pornographic, that are not suitable for young people or children, threaten public order or security or that, in its opinion, are not suitable for publication. In any case, FRESHLY COSMETICS will not be responsible for the opinions expressed by Users through forums, chats or other participation tools.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
The industrial and intellectual property rights of the Website and its Contents and, in particular, without being exhaustive but merely illustrative, its source code, design, images, sound, audio, video, software or texts, colour combinations, structure and design, selection of materials used and computer programs necessary for its operation.
FRESHLY COSMETICS is the owner or licensee of all rights over the contents of this Website and legitimately and exclusively owns the operating rights over them, except for those rights of certain suppliers with which it has signed the corresponding contract for the provision of contents and that are protected by national and international intellectual and industrial property regulations, which will also apply to these conditions. Under no circumstances will the use of the Website or its Contents give the User any right over the aforementioned elements that is beyond that strictly necessary for the correct use thereof.
Access to this Website does not grant users any right or ownership over the intellectual or industrial property rights or the content it contains. Users accessing this website may not copy, modify, distribute, transfer, reproduce, publish, assign or sell the aforementioned elements or create new products or services derived from the information obtained without the express and written authorisation of the rights holders. It is strictly forbidden for the User to alter the content or structure of this Website, as well as reproduce, distribute and publicly communicate, including the method of making it available, all or part of the Contents of the Website for commercial purposes, on any medium and by any technical means, without the prior written authorisation of its owner. The User must refrain from deleting, altering, evading or manipulating any protection device or security system installed on the Website.
In the event that you send any kind of information to FRESHLY COSMETICS, you declare, guarantee and accept that you have the right to do so freely, that said information does not infringe any intellectual property right, trademark, patent, trade secret or any other third party right, that said information is not confidential and that said information is not harmful to third parties. Legal action may be taken in the event of any abuse.
8. ACCESS AND SECURITY
Access to transactional services and those that include the capture of personal data is through a secure environment using the SSL (Secure Socket Layer) protocol. The server establishes a connection so that the information is transmitted encrypted. This ensures that the transmitted content is only readable by the customer’s computer and the FRESHLY COSMETICS server. The User can see that they are in a secure environment if a closed padlock appears in the status bar of their browser. The guaranteed security of our servers is supported by a certificate issued by our Web services provider. This certificate guarantees that the customer is communicating their data to a FRESHLY COSMETICS server and not to a third party trying to impersonate it.
9. GUARANTEE AND RESPONSIBILITY WAIVER
FRESHLY COSMETICS makes every effort to avoid any errors in the content that may appear on the Website and does not guarantee or take responsibility for any consequences that may arise from errors in the content that may appear on the site.
FRESHLY COSMETICS has adopted all the necessary security measures to guarantee the privacy and security of the use of the Portal, taking into account current technology. Notwithstanding the foregoing, the network security measures are not impenetrable. In this regard, FRESHLY COSMETICS does not control or guarantee the absence of viruses or other elements in the Contents of the Portal that may cause changes to Users’ systems or the information stored in them, not accepting, to the fullest extent permitted by law, any responsibility for damages for this reason that could be caused by, for example: errors or omissions in the Contents, the unavailability of the Portal or the transmission of viruses or malicious or harmful programs in the Contents, despite having adopted all the technological measures to avoid this.
FRESHLY COSMETICS also does not accept any responsibility for damages caused by the use of the Portal by Users, or by the inaccuracy of the information provided by them and, in particular, for example but not limited to, for damages that could derive from the impersonation of a third party carried out by a User.
FRESHLY COSMETICS reserves the right to make the amendments it deems appropriate to the Website, being able to change, delete or add both the Contents and/or the services and the way in which they are presented or located.
These amendments will under no circumstances be retroactive and, consequently, will not affect those business transactions performed through the Website previously.
In the event that the Website has links or hyperlinks to other Internet sites, FRESHLY COSMETICS will not exercise any kind of control over these sites and contents. Under no circumstance will FRESHLY COSMETICS accept any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity, legality and constitutionality of any material or information contained on any of these hyperlinks or other Internet sites.
Similarly, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
Other Websites are forbidden from incorporating a hyperlink to the FRESHLY COSMETICS Website without its express authorisation. In any case, this authorisation will require the hyperlink not to be made in any way that harms the public image and brand of FRESHLY COSMETICS or the Website itself, as well as of the third parties that appear referenced therein.
FRESHLY COSMETICS will delete any link as soon as it becomes aware, by any means, of the illegality of its content or that it harms the property or rights of a third party.
12. EXCLUSION RIGHTS
FRESHLY COSMETICS reserves the right to deny or withdraw access to the Website and/or its Contents without prior notice, on its own initiative or in response to a request from a third party, to those Users who fail to comply with these conditions of use.
13. GENERAL CONSIDERATIONS
FRESHLY COSMETICS will pursue any breach of these conditions of use, as well as any improper use of its Website, taking all civil and criminal actions that may be open to it under the law.
14. PERSONAL DATA PROTECTION
The FRESHLY COSMETICS Cookies Policy is set forth in the cookies document found on this website.
16. VALIDITY AND AMENDMENT OF THIS LEGAL NOTICE
FRESHLY COSMETICS reserves the right to amend these Conditions of Use and the Legal Notice at any time, being duly published as they appear here.
17. APPLICABLE LAW AND JURISDICTION
These conditions will be interpreted in accordance with the rules of Spanish law. However, the law of the country in which you reside may contain more favourable rules, of which you may avail yourself.
For the resolution of disputes that may arise from the interpretation, validity and execution of these Conditions, if you are a resident or citizen of the European Union, you can use the European Commission's Online Dispute Resolution Platform.
Alternatively, you can also use the Courts and Tribunals of Justice with authority in accordance with the provisions of the applicable legislation.