GENERAL TERMS AND CONDITIONS OF SALE

We care about the satisfaction of our customers and that is why we have reliable partners who help us to offer an excellent and safe service. Remember that you can contact us at any time to clarify your doubts. Phone: +34 605481489. Email: [email protected].

1. GENERAL INFORMATION

The owner of this website www.mylookluck.es, (hereinafter Website) is held: Valeria Carvalhaes Cardozo, with NIF: 43598555P, and whose contact details are: Address: Carrer del Regent Mendieta 4, local 2, 08028, Barcelona

Contact telephone number: +34605481489

Contact email: [email protected]

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.mylookluck.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions). For the purposes of these Terms, it is understood that the activity that My Look Luck carries out through the Website includes: Marketing and distribution of fashion items at retail. Own brand items (My Look Luck – lingerie Store) and from large collaborating brands that authorize us to do so and act as suppliers. 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 the privacy and data protection policy of My Look Luck. 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 above, so if you do not agree with all of them, you should not use this Website. Likewise, it is reported that these Conditions may be modified. The User is responsible for consulting them every time he/she accesses, browses and/or uses 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, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so that all the Conditions established herein are accepted, as well as their subsequent modifications, from the moment browsing the Website begins, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Use this Website only to make legally valid inquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
  • Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Terms and Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website. The Website is mainly aimed at Users residing in Spain. My Look Luck does not guarantee that the Website complies with the laws of other countries, either in whole or in part. My Look Luck declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain. The User may, at their option, enter into a contract for the sale of the desired products and/or services with My Look Luck in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of www.mylookluck.es, during which several products and/or services can be selected and added to the cart, basket or final shopping space and, finally, click on: “PAY VIA STRIPE” 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 details can be modified. The User will then receive an email confirming that My Look Luck has received their order or request for purchase and/or provision of the service, i.e. the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through their personal area of connection to the Website. Once the purchase procedure has been 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 may, if they wish, obtain a copy of their paper invoice by requesting it from My Look Luck using the contact spaces on the Website or through the contact details provided above. The User acknowledges that he/she is 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 together with the presentation or, where appropriate, image of the same on his/her page on the Website, indicating, by way of example, but not exhaustive, and in each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the manner in which they will be carried out and/or the cost of the services; and acknowledges that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case. Communications, purchase orders and payments that intervene during transactions carried out on the Website may be archived and kept in My Look Luck’s computerised records in order to constitute a means of proof of transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in view of 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 guarantee of digital rights, and to the rights of Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by My Look Luck 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 of the same and/or the provision of the services. If there are difficulties in the supply of products or there are no products left in stock, My Look Luck undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless a different issue is indicated and applied by law, especially in relation to VAT. Shipping costs are included in the final prices of the products as shown on the Website. Thus, My Look Luck carries out delivery and/or shipping services through: Correos. Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen voluntarily and freely. Prices may change at any time, but any changes will not affect orders or purchases in respect of which the User has already received an order confirmation. The accepted means of payment will be: Credit or debit card My Look Luck 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 authorisations by the bank issuing them, if said entity does not authorise the payment, My Look Luck will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User. Once My Look Luck 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 card will be charged at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the established form and, where appropriate, place. In any case, by clicking on “PAY VIA STRIPE” the User confirms that the payment method used is his/her own.

6. DELIVERY

In cases where it is necessary to physically deliver the contracted good, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), European Union Except in those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Site 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 order confirmation. If, for any reason, attributable to it, My Look Luck is unable to meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to go ahead 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 would leave a notice explaining where the order is and how to get it delivered again. If the User will not be at the delivery location in the agreed time slot, he/she must contact My Look Luck 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 My Look Luck, My Look Luck will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of 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 considered terminated. However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on. 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 time when the User or a third party indicated by the User acquires physical possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address. The risks that may arise from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when My Look Luck 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 the delivery takes place at a time after the full receipt of the amount paid by My Look Luck. In accordance with the provisions of Law 37/1992, of 28 December, 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 the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

In the same vein, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in the Member State of the European Union where the address shown on the purchase order is located and, therefore, the applicable VAT will be the one in force in that Member State.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting My Look Luck through the contact spaces provided on the Website, and, where appropriate, through those authorised to contact customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through their personal area of connection to the Website. In any case, the User, before clicking on “PAY VIA STRIPE”, 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 obtain more information on how to exercise their right to 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 the free circulation of this data (GDPR) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User acquires products on or through the Owner’s Website, he/she has 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 14 calendar days without the need for justification. This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired physical possession of the goods purchased on the My Look Luck Website or, in the event that the goods that make up their order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired physical possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract. To exercise this right of withdrawal, the User must notify My Look Luck of his/her decision. You may do so, where appropriate, through the contact spaces provided on the Website. The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form that My Look Luck makes available as an annex to these Conditions, however, its use is not mandatory. In order to comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires. In the event of withdrawal, My Look Luck will refund the User 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 any undue delay and, in any case, no later than 14 calendar days from the date on which My Look Luck is informed of the User’s decision to withdraw. My Look Luck will refund 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, My Look Luck may withhold such refund until it has received the products or items for purchase, or until the User provides proof of the return of the same, whichever condition is met first. The User may return or send the products to My Look Luck at: Carrer del Regent Mendieta, 4, local 2, 08028, Barcelona, Spain And must do so without any undue delay and in any event no later than 14 calendar days from the date on which My Look Luck was informed of the withdrawal decision. The User acknowledges that he/she must assume the direct cost of return (transport, delivery) of the goods, if any are incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods. The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence 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; CDs/DVDs of music or video without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery. In this same sense, the provision of a service that the User may contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition by them that they are aware that, once the contract has been fully executed by My Look Luck, you will have lost your right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered some damage after delivery. Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that may accompany them, as well as a copy of the purchase invoice. The Model withdrawal form can be downloaded at the following link:

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 comply with the stipulations of the contract or purchase order, and that, therefore, they must contact My Look Luck 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, whether the refund or, where appropriate, the replacement of the same is appropriate. The refund or replacement of the product will be made as soon as possible and in any event within 14 days of 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 refunded in full, 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 recognised in the legislation in force at all times for the User, as a consumer and user, will always be respected.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that may be purchased through this Website, under the terms legally established for each type of product, and My Look Luck is therefore liable for the lack of conformity of the same that manifests itself 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 provided that: they conform to the description made by My Look Luck and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; 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 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 marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore they will form part of the individual appearance of the product, and will not be a defect. On the other hand, it may 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 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 right directly against them during the three years following the delivery of said products. To do this, the User must have kept all information in relation to the warranty of the products.

9. DISCLAIMER

Unless otherwise provided by law, My Look Luck will not accept any liability for the following losses, regardless of their origin:

  • any losses 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
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between the two parties.

Likewise, My Look Luck also limits its liability in terms of the following cases:

  • My Look Luck applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
  • My Look Luck will act with the utmost diligence in order to make the product subject of the purchase order available to the company in charge of transporting it. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, traffic jams, and in general any other specific to the sector, which result in delays, losses or theft of the product.
  • Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Unavailability of the Website for maintenance or other reasons, which prevents the service from being available. My Look Luck puts all the means at its disposal in order 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 event or force majeure.
  • My Look Luck will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, My Look Luck will also not be held responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
  • In general, My Look Luck will not be responsible for any failure 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, but is not limited to:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) 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.
    • 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 force majeure event continues, and My Look Luck will have an extension in the term to comply with them for a period of time equal to the duration of the force majeure event. My Look Luck will use all reasonable means to find a solution that allows you to fulfill your obligations despite the force majeure cause.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User agrees that most communications with My Look Luck will be electronic (email or notices posted on the Website). For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically by My Look Luck comply with the legal requirements to be in writing. This condition shall not affect the rights recognized by law to the User. The User may send notifications and/or communicate with My Look Luck through the contact details provided in these Terms and, where appropriate, through the contact spaces on the Website. Likewise, unless otherwise stipulated, My Look Luck may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver by My Look Luck of a particular right or legal action or the failure of My Look Luck to require strict performance by the User of any of its obligations shall imply a waiver of any other rights or actions arising from a contract or the Terms, nor shall it relieve the User from compliance with its obligations. No waiver by My Look Luck of any of these Terms or of rights or remedies arising under a contract shall be effective unless expressly stated to be a waiver and is entered into and communicated to the User in writing.

12. NULLITY

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.

13. ENTIRE AGREEMENT

These Terms and any documents expressly referred to in these Terms constitute the entire agreement between the User and My Look Luck in relation to the subject matter of the sale and replace any other previous pacts, agreements or promises agreed to orally or in writing by the same parties. The User and My Look Luck acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to My Look Luck in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (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 is true.

15. GOVERNING LAW AND JURISDICTION

Access, browsing and/or use of this Website and contracts for the purchase of products through it will be governed by Spanish law. Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between My Look Luck and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send My Look Luck any complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information). In addition, My Look Luck has official complaint forms available to consumers and users, which they can request from My Look Luck at any time, using the contact details provided at the beginning of these Conditions (General Information). Likewise, if a dispute arises from the conclusion of this purchase contract between My Look Luck and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 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/. This General Terms and Conditions of Sale document has been created using the online General Terms and Conditions of Sale template generator on 28/06/2023.