The ownership of this website https://qube.care/, (hereinafter Website) is held by: Koome Care & Cosmetics, SL, provided with NIF: B09813965 and registered in: Registro Mercantil de Girona; and whose registry data are: Volume 3378 , Folio 1, Section 8, Sheet GI 70584, and whose contact details are:
Address: C/ Francisco Zurbaran, 1-Urbanizacion Canyelles Pe (Roses)
Contact telephone: +49 174 9735601
Contact email: fk@koome.care
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (https://qube.care/) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Qubé develops through the Website comprises:
Cosmetic skin care product.
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 cookies policy and Qubé’s privacy and data protection policy. By using this Website or by making and/or requesting the acquisition of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and by all of the above, so if he/she does not agree with all of the above, he/she should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The User will be able to formalize, at his/her choice, with Qubé the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.
The duly registered Users may purchase on the Website through the established means and forms. They shall follow the online purchase and/or acquisition procedure of https://qube.care/, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Buy now”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that Qubé has received his/her order or request for purchase and/or provision of the service, that is to say, the order confirmation. And, if applicable, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it to Qubé using the contact spaces on the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: 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 services; and acknowledges that the placement 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 involved in the transactions carried out on the Website may be archived and kept in Qubé’s computerized records in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
All purchase orders received by Qubé through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Qubé undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
However, unless otherwise indicated, the prices of the items offered include shipping costs, which have been added to the total amount due.
In no case will the Web Site add additional costs to the price of a product or 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 for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, and PayPal.
Qubé uses all means to ensure 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 credit card issuing bank. If the issuing bank does not authorize payment, Qubé will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.
Once Qubé 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 to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, place established.
If the means of payment is PayPal, the charge will be made at the time Qubé sends a confirmation of the purchase order or purchase of products and/or services to the User.
In any case, by clicking on “Buy Now” the User confirms that the payment method used is his/her own.
In those cases in which it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Worldwide.
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising 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 from the date of the order confirmation.
If, for any reason attributable to Qubé, it is unable to meet the delivery date, Qubé will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Qubé to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Qubé, Qubé will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the reception of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Qubé receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Qubé.
In accordance with the provisions of Law 37/1992 of December 28, 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify such data by contacting Qubé through the contact spaces provided on the Website, and, if applicable, through those provided to contact customer service, and/or by using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on “Buy now”, has access to the space, cart, or basket where his purchase requests are recorded 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 obtain 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
In cases where the User acquires products on or through the Website of the owner, he/she has a number 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 cancel the purchase within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Qubé Website or in the event that the goods comprising the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods composing the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
IMPORTANT: The product cannot be returned once it has been opened from its packaging. As it is a cosmetic product that comes into contact with the skin, it is not possible to return it once it has been opened.
To exercise this right of withdrawal, the User must notify Qubé. He/she may do so, if necessary, through the contact spaces provided on the Website.
The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Qubé makes available as an annexed part of these Terms and Conditions, however, its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiration of the corresponding period.
In case of withdrawal, Qubé will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Qubé is informed of the User’s decision to withdraw.
Qubé will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Qubé may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User may return or send the products to Qubé at: C/ Francisco Zurbaran, 1-Urbanizacion Canyelles Petites (Roses).
And must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Qubé was informed of the decision of withdrawal.
The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is 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 stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that the right of withdrawal shall not apply to Users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Qubé, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, products that are not in the same condition in which they were delivered or have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
In the following link you can download the Model withdrawal form: https://qube.care/wp-content/uploads/2023/08/modelo-formulario-desistimiento.docx
Return of defective products or shipping error
These are 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, should contact Qubé immediately and let him/her know the existing non-conformity (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 period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User 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 apply.
Guarantees
The User, as a consumer and user, enjoys warranties on the products that can be purchased through this Website, in the terms legally established for each type of product, and Qubé will respond, therefore, for the lack of conformity of the same that is manifested within a period of three years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract as long as: they conform to the description made by Qubé and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be 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, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.
Unless otherwise provided by law, Qubé will not accept any responsibility for the following losses, regardless of their origin:
any losses that were not attributable to any breach on your part;
business losses (including loss of profits, revenue, contracts, anticipated 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 for the sale of the products between both parties was formalized.
Likewise, Qubé also limits its liability in the following cases:
Qubé applies all measures to provide a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others. of this kind.
Qubé will act with the utmost diligence to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, 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 or other causes, prevent the normal functioning of the service over the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Qubé puts all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
Qubé will not be responsible for misuse and/or wear and tear of the products that have been used by the User. At the same time, Qubé 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, Qubé will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and This may include, but is not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations 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.
Inability to use public or private telecommunication 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 Qubé will have an extension in the deadline to comply with them for a period of time equal to the duration of the cause of force majeure. Qubé will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.
By using this Website, the User accepts that most communications with Qubé will be electronic (email or notices published on the Website).
For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Qubé sends electronically comply with 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 Qubé through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Qubé may contact and/or notify the User at their email address or at the postal address provided.
No waiver by Qubé of a specific legal right or action or the failure of Qubé to require strict compliance by the User with any of its obligations will imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate to the User of the fulfillment of his obligations.
No waiver by Qubé of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.
If any of these Conditions are 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.
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Qubé in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by them. parts.
The User and Qubé acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
The information or personal data that the User provides to Qubé in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, 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 that he or she provides is true.
Access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is 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 Qubé and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
The User can send Qubé their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Qubé has official complaint forms available to consumers and users, which they can request from Qubé at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Qubé and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
Copyright © 2024 Qubé | Koome Care & Cosmetics S.L. | Web designer
