TERMS AND CONDITIONS

These General Conditions of Use and Contracting (hereinafter, Conditions) regulate the use and access to the website beyou.fr (hereinafter, the Platform), owned by BE YOU FRAGRANCES, SL (hereinafter, Be You Fragrances) for the users of the Platform (hereinafter, User or Users) as well as the contractual relationship of purchase sale during the process of purchasing products offered from the Platform.

Access to the Platform implies knowledge and acceptance of these Conditions as well as being of legal age and in full mental faculties for the possibility of acquiring any of the products available through the Platform.

Access and Registration

In order to be a Platform User it is essential that the following requirements are met:

Have complied or be over 18 years of age.
Accurately fill in the mandatory fields of the registration form, in which personal data are requested:
Name and surname;
your address and your personal email address;
other data necessary to operate that are required in the Platform;

The User will receive a message confirming the activation of the account at the indicated email address. This message will contain your email address (user ID) and your password so you can connect to the Platform.

The User guarantees that all data about their identity and legitimacy provided to the Be You Fragrances in their registration forms of the Platform are true, accurate and complete. It also undertakes to keep your data updated. In the event that the User provides any false, inaccurate or incomplete information or if Be You Fragrances considers that there are well-founded reasons to doubt the veracity, accuracy and integrity thereof, the Be You Fragrances may deny access and use present or Future of Platform or any of its contents and / or services.

When registering on the Platform, the User must enter their full name, an e-mail as user ID and select an access password (password). The password will be strictly confidential, personal and non-transferable. The User undertakes not to disclose the data relating to his account or make it accessible to third parties. The User will be the only responsible in case of use of such data by third parties, including the statements made in Platform, or any other action that is carried out through the use of your username and / or password.

Be You Fragrances allows the registration in Platform through the synchronization with third party services (eg Log-In with Facebook account). Be You Fragrances will always request the User’s consent prior to registration for the synchronization of services between a third party and Be You Fragrances

User Fragrance Creator

The User has the possibility of sharing recipes by publishing them on the Platform. To do this, you must contact Be You Fragrances through the form of the «Contact» section of the Platform, and send the recipe so that it can be previously reviewed and approved by Be You Fragrances.

Obligations of the User

The User is responsible for having the services and equipment necessary for browsing the Internet and accessing the Platform. In case of any incident or difficulty to access the Platform, the User may inform Be You Fragrances that he will proceed to analyze the incident and give instructions to the User about how to resolve it as soon as possible.

The User is fully responsible for the access and correct use of the Platform and its contents and services subject to current legislation, whether national or international, as well as the principles of good faith, morality, good customs and public order. And specifically, it acquires the commitment to diligently observe these Conditions.

Users will refrain from using the Platform for illicit purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or impair the Platform, its contents and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform to other Users.

Be You Fragrances can not be considered editorial responsible, and expressly declares that it does not identify with any of the opinions that Users of the Platform may issue, especially of all opinions expressed by Users with regard to the characteristics and qualities of the products. offered from the Platform, whose consequences the issuer of the same is entirely responsible for.

Those who fail to comply with such obligations will be liable for any damage or damage they cause. Be You Fragrances will not be held liable for any consequence, damage or harm that may arise from such access or unlawful use by third parties.

In general, the User undertakes, by way of example and not limited to:

Not to use the Platform for illegal or unauthorized purposes;
Not host, store, disclose, publish, distribute or share any content that may involve an illegitimate interference or infringement in any way of the fundamental rights to the honor, image and personal and family privacy of third parties and, especially, of minors ;
Not publish in any section of the Platform or your profile or that of another User any comments or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or to the public order;
Not to alter or modify, totally or partially the Platform, eluding, deactivating or manipulating of any other the functions or services of the same;
Not to infringe the rights of industrial and intellectual property or the regulating norms of the protection of data of personal character;
Not to use the Platform to insult, defame, intimidate, violate one’s image or harass other Users;
Do not access the email accounts of other Users;
Do not introduce computer viruses, defective files, or any other computer program that may cause damage or alterations in the contents or systems of Be You Fragrances or third parties;
Do not send mass and / or repetitive emails to a plurality of people, nor send email addresses of third parties without their consent;
Not to carry out publicity actions of goods or services without the prior consent of Be You Fragrances.

Any User may report to another User when he / she considers that he / she is not complying with these Conditions, and all Users may inform Be You Fragrances of any abuse or violation of these conditions, through the general contact email. Be You Fragrances will verify this report, as soon as possible, and will adopt the measures it deems appropriate, reserving the right to withdraw and / or suspend any User from the Platform for breach of these Conditions. Likewise Be You Fragrances reserves the right to withdraw and / or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.

Responsibility of Be You Fragrances

Be You Fragrances does not control nor will be responsible for the contents discharged by the Users through the Platform, being these the only ones responsible for the legal adaptation of said contents.

Be You Fragrances has no obligation to control and does not control the use that Users make of the Platform and, therefore, does not guarantee that Users use the Platform in accordance with the provisions of these Conditions, nor that they make diligent and / or prudent of it. Be You Fragrances does not have the obligation to verify and does not verify the identity of the Users, nor the veracity, validity, completeness and / or authenticity of the data that they provide.

Be You Fragrances excludes any liability for damages of any nature that could be due to the unlawful use of the Platform by Users or that may be due to the lack of veracity, validity, completeness and / or authenticity of the information that Users provide to other Users.

Notwithstanding the foregoing, Be You Fragrances reserves the right to limit, in whole or in part, access to the Platform to certain Users, as well as to cancel, suspend, block or eliminate certain types of content, through the use of technological tools fit to the effect, if it had actual knowledge that the activity or information stored is illegal or that it damages goods or rights of a third party. In this sense, Be You Fragrances may establish the necessary filters in order to prevent illicit or harmful contents from being poured into the network through the service.

Be You Fragrances will not respond in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, or interruptions of the Internet network or for any other reason beyond its control.

Be You Fragrances is not responsible for security errors that may occur or for any damage that may be caused to the User’s computer system (hardware and software), to the files or documents stored in it, as a consequence of the presence of a virus in the computer system or mobile terminal of the User that is used for the connection to the services and contents of the Platform.

Purchasing process

The User may access the acquisition of the products offered by Be You Fragrances through the Platform introduced the data requested in the corresponding form of the platform of purchase of the Platform. Subsequently, the User must follow all the steps of the purchase procedure that the Platform indicates.

Payments through the Platform are made through the Adyen payment gateway (https://adyen.com) in an integrated manner on the Platform’s purchase gateway. Additionally, payment is available through the Paypal platform (https://www.paypal.com)

Likewise, the platform of purchase of the Platform will inform the User, once the purchase procedure is finished, via email, of all the relevant characteristics of the
purchased product. If the User does not receive the confirmation email within twenty-four hours after the completion of the purchase, it will be the responsibility of the User to confirm with Be You Fragrances the approval of the transaction.

The prices of the products offered in the Platform include the Value Added Tax (VAT) or other taxes that may be applicable and in any case shall be expressed in the Euro currency (€).

Orders placed on the Platform of Be You Fragrances will be governed by the prices offered for each product at the time of placing the order. The applicable prices will be those published automatically during the purchase process in the last phase of the same. The User will always be informed of the final purchase price of a product prior to the completion of the purchase gateway.

Shipment of products

Be You Fragrances sends orders directly to Users through different transport companies. The shipping price is calculated automatically at the time of placing an order and is calculated based on the weight of the order and destination. Delivery times vary depending on the quantity ordered, stock and destination. However, the average delivery time will be 5 working days (1 working week).

In any case, Be You Fragrances will inform of all the characteristics of their shipments in the files of the products offered in the Platform and in any case they will deliver the products to the shipping address indicated by the User in the shortest possible time in any case, always within thirty (30) calendar days from the date the order was placed.
Payments to Be You Fragrances for the purchase of products will entail the issuance of an invoice in the name of the User according to the data provided during the purchase process. In case the User wishes to receive the invoice of the purchase made, he must request it directly from Be You Fragrances.

Right of withdrawal

The User will have a period of 14 calendar days to desist in the purchase of a product counted from the date of receipt of the product for the return of the same. Unless the return is made due to defects or poor condition in the product, the expenses related to the return must be assumed by the User and the product must be returned in perfect condition without limiting the use of the product (provided it does not go beyond of the mere verification of the good state and functioning of it).

To process the return of the product by withdrawal, the User must contact Be You Fragrances and follow their instructions for the return. Once Be You Fragrances receives the product and verifies that it is in perfect condition, it will proceed to refund the amount of the product as well as the shipping costs paid by the User within a period not exceeding 14 calendar days.

In accordance with article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, the products acquired in the market will not be eligible for withdrawal. Platform that:

They are sealed and not fit to be returned for reasons of health protection or hygiene and have been unsealed after delivery.
They have been customized according to the User’s specifications.

Product warranty

Despite strict quality controls that are followed in Be You Fragrances, for other reasons the User may receive an unwanted item, with a factory defect or in poor condition. In those cases, Be You Fragrances is responsible for this under the terms established in the consumer protection legislation.
According to this regulation, the products are guaranteed for two years from the date of delivery. The consumer user must inform of the lack of conformity within two months of being aware of it. As soon as the User notices that the product is not in conformity, he must contact Be You Fragrances as soon as possible to communicate the incident.

Be You Fragrances is not liable for negligent or improper use of the product purchased. In case of defective product or in bad condition, Be You Fragrances will proceed to its replacement. Verified the conditions for the replacement of the product, Be You Fragrances will send a new one without further delay. All the procedures will be totally free for the User.

Terms of use of promotions

Users may apply any of the different promotional coupons to benefit from the existing Be You Fragrances offers provided that they have been issued or validated by Be You Fragrances and are within their validity period.
All promotional coupons are limited to single use by User. In particular, the promotional coupons will be limited to a single holder of means of payment, account and telephone number. Be You Fragrances reserves the right to request additional documentation from the User in case it suspects that there is a possible duplication of accounts destined to benefit with a promotion to the same User.

Update and modification of the Platform

Be You Fragrances may modify these Conditions at any time by email or by posting the modified terms on the Platform. All modified terms will automatically take effect 30 days after they have been published.

Also, Be You Fragrances reserves the right to make, at any time and without prior notice, updates, modifications or deletion of information contained in its Platform in the configuration and presentation of this and the conditions of access, without assuming responsibility some for it.

Intellectual property

Be You Fragrances is the owner or licensee of the intellectual and industrial property rights that fall on the texts, photographs, graphic design, source code and all other content of the Platform protected under the laws of intellectual and industrial property. As a consequence of this, Be You Fragrances is the exclusive exercise of the rights of exploitation of the same in any form and, especially, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish legislation of property rights. intellectual and industrial.

Authorization to the User for access to the Platform does not imply resignation, transmission, license or total or partial cession of intellectual or industrial property rights by Be You Fragrances.

It is not allowed to suppress, elude or manipulate in any way the contents of the Be You Fragrances Platform. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in the Platform of Be You Fragrances for public or commercial purposes, if you do not have the express written authorization of Be You Fragrances or, as the case may be, the holder of the rights to which it corresponds.

The User who proceeds to share any type of content through the Platform, grants Be You Fragrances a non-exclusive, free and worldwide license limited to reproduction and publicly communicate said content through the provision of the services of the Platform.

Data Protection

Be You Fragrances expresses its commitment to comply with current legislation at all times regarding data protection, specifically with the Organic Law 15/1999, of December 13, on the Protection of Personal Data; Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999; Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, and other applicable legislation. In accordance with article 5 of Law 15/1999, of December 13, on the Protection of Personal Data, users are informed that the personal data provided in the Platform will be subject to automated processing and will pass to be part of the files owned by Be You Fragrances, as responsible for the files duly registered in the General Registry of the Spanish Agency for Data Protection, for the purposes of managing Users registered in the Platform of Be You Fragrances.

Basic information about Data Protection

Responsible for the treatment

BE YOU FRAGRANCES, S.L. NIF: B25828286

Purpose of the treatment

Management and provision of requested services

Legitimation of treatment

Form completion Platform, User registration and use of the Service.

Recipients of assignments or transfers

There is no provision for data transfer to third parties

Rights

Access, rectify and cancel the data, as well as other rights, as explained in the additional information.
You can consult additional and detailed information in our Privacy Policy.

Independence of the Clauses

If any of the clauses of these Conditions are null and void or voidable, it will be deemed not to have been applied. Said declaration of nullity will not invalidate the rest of the Conditions, which will maintain its validity and effectiveness between the parties.

If any clause of these Conditions is declared, totally or partially, null or ineffective, such nullity or inefficacy will affect only that provision or the part of it that is null or ineffective, and the Conditions will subsist in everything else, having such provision or the part of it that is affected by non-application.

Applicable legislation

These Conditions will be governed by Spanish legislation, which will be applicable in the provisions of these Conditions in terms of interpretation, validity and execution. Also both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona.

The European Commission makes the online dispute resolution platform available to consumers in the European Union to resolve disputes that arise in electronic commerce in an amicable manner (Article 14, paragraph 1, Regulation (EU) 524/2013). which Users of the Platform have the right to submit claims at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES