General terms and conditions of purchase

 

This document (together with the other documents referred to herein), regulates the use of this website and the purchase of products therein (hereinafter the Terms and Conditions).  

 These Terms and Conditions may be modified with no prior notice; it is the user’s responsibility to read them regularly, as the terms and conditions valid at the time of use of the website or the conclusion of the Agreement (as defined in this legal notice) shall apply.  

 

Our details

This website is operated under the name TRUCCO (truccoshop.com) by In Situ S.A., a Spanish company with registered business address at Valportillo Primera, 2. Pol. Ind. Alcobendas, 280108, Madrid, included in the Mercantile Registry of Madrid, Volume 3779, Section 8, Page 63, Sheet M-62916, Inscription 3 and holder of Spanish Tax ID No. (NIF) A78234747.

 

Visits and website browsing data

The information and details provided by users shall be processed in accordance with the terms and conditions of the Privacy Policy. By accessing this website users agree to the processing of this information and details and declare that all information and details provided are true and accurate.

 

Website use

By accessing this website and placing orders with the online store, users undertake to make legally valid searches or orders and that the orders placed are not fraudulent. Should In Situ S.A. consider that there are sufficient grounds to believe that this is not the case, it may cancel the order and inform the corresponding authorities of this situation. Likewise, users are required to provide all the information requested (email, postal address and any other details) in a true and faithful manner, in the knowledge that we may use this information to contact them should it prove necessary, complying at all times with the terms and conditions of the Privacy Policy.  When placing an order on this website, customers declare that they are over 18 and have the legal capacity to enter into a contract. In Situ S.A. reserves the right to cancel any user’s account if it detects fraudulent or speculative acts or acts of bad faith committed when using this service

 

Availability of items and purchase limits

The items offered for sale on this website are only available for shipping in the metropolitan eurozone and the UK as specified in the section entitled Deliveries.

 All orders are subject to stock availability in our warehouses. If an item is not in stock, despite having been added to the shopping basket and paid for, we reserve the right to provide customers with details of quality replacement products at an equal or lower price than the missing item. Should the customer not accept the replacement items offered, they will be entitled to a full refund for the amount paid for the non-available item.  

For security reasons, no purchases over €1,000 or consisting of more than 5 items will be accepted in a single order.   

 Deliveries

Orders shall be delivered in accordance with the terms and conditions specified in the section entitled Deliveries. All efforts shall be made to meet the delivery deadline of approximately 72 hours following confirmation of the order. An order is considered to have been delivered when the recipient thereof has signed a delivery note after having duly identified themselves to the courier or store assistant in the case of deliveries to physical stores. 

 

Inability to deliver an order

 After 3 unsuccessful delivery attempts (due to the absence of the addressee or reasons not attributable to us), we will contact the customer via any of the electronic means they have provided to inform them of the situation. In these circumstances, we may require the customer to collect the order from the premises of our courier nearest to the address that the order should have been delivered to. The collection period from the courier’s premises will depend on the legislation applicable to each region or country, and therefore customers are urged to collect their orders as soon as possible; otherwise the order will be returned to origin and we will assume that the customer wishes to withdraw from the Contract. Should this occur, we will refund the amount paid for the items as soon as possible, but not any shipping costs.

 

Price and payment 

All efforts are made to ensure that the prices given are correct, although errors may occur due to factors beyond our control. Should this occur, In Situ S.A. shall inform customers that have placed an order for these items, withdraw them from the order and refund the amount thereof or offer them the opportunity to cancel the entire order. If In Situ S.A. is unable to contact the customer, it shall be entitled to cancel the order and refund the amount paid.  

The prices given on this website are inclusive of Spanish VAT (Value Added Tax) but do not include the shipping costs, which shall be added to the order total during the checkout process. These costs vary depending on the country or region the order is to be shipped to, as specified in the section entitled Deliveries.  

TRUCCO reserves the right to modify the prices of the online store at any time, with the exception of the conditions referred to above, although said changes will not affect orders that have already been placed in any way.  

Payment of orders may be made using a Visa or MasterCard or the PayPal system.    

In both cases payment must be made when confirming the order. Credit cards are subject to checks and authorisation by the issuing organisation. Should payment not be authorised, In Situ S.A. accepts no responsibility for any possible delays in delivery.

 

Exchanges and refunds policy 

Returns of items purchased in the Canary Islands, Ceuta or Melilla must always be made at a physical store.   

Once the return has been accepted by the physical store or the quality control department of the online store, the amount paid for these items will be refunded. The customer shall be liable for all direct costs arising from the return of items when they are not returned to a physical store, which does not incur any costs for the customer. Customers may exercise their right of withdrawal by sending the duly completed document to this effect included with the order.  

No returns are accepted on items of personal hygiene such as hair products, earrings or underwear. In all cases the right of withdrawal is associated with the return of items in the same condition as when they were dispatched by TRUCCO, namely unworn, unused, in their original condition and with the original packaging and tags.  

Exchanges are only accepted at physical stores in mainland Spain, not at the online stores. If customers wish to exchange an item, they must request a return and then place a new order.  

Faulty products: if a customer receives an item which they consider does not comply with the terms and conditions of the Contract and is faulty, they must contact the In Situ S.A. Customer Service Department in order to resolve the situation. Refunds for articles which are indeed faulty shall be made via the same method of payment used when placing the order.

Repair or replacement will be free of charge to the consumer. This gratuity shall include the necessary costs incurred to remedy the lack of conformity of the goods with the contract, especially shipping costs and costs related to labour and materials. The seller is responsible for the lack of conformity that becomes apparent within two years from the delivery. The consumer and user must inform the seller about the lack of conformity within a period of two months after his knowledge about it.

Before the consumer and user is bound by any distance or an off-premises contract or any other corresponding offer, the employer shall provide the following information in a clear and understandable form: where applicable, the existence of an after-sales support to consumer and user, after-sales services and commercial guarantees, as well as their conditions .

These warranties shall be applied taking into account the nature of the goods sold on the website. 

Limitation of liability

In Situ S.A. is hereby exonerated from all liability arising from:

In Situ S.A. does not accept responsibility for any communications including the name of TRUCCO that have not previously been authorised by In Situ S.A. Likewise, you are hereby informed that all communications concerning actions or calls for participation in any event related to the brand shall always be published on the official website or any of the official social network channels on which the TRUCCO brand is present.

 

Intellectual property

©In Situ, S.A. All rights reserved. All the contents displayed on this website, including its graphics and source code are the property of In Situ, S.A. Internet users accessing this Website may view the contents therein and download or reproduce them for their private and personal use on their IT systems, provided that they are not subsequently transferred to third parties or installed on a server connected to the Internet or a local computer network. The distribution, modification, transmission, public communication or any other act that has not been specifically authorised by the holder of the exploitation rights are strictly prohibited. Failure to comply with any of the aforementioned rights may constitute a breach of these terms and conditions, and an offense punishable in accordance with Article 270 and successive articles of the Spanish Criminal Code currently in force. TRUCCO® and its logo are trademarks of In Situ, S.A. and use thereof is strictly forbidden without the specific authorisation of the owner. truccoshop.com is a domain name registered by In Situ, S.A. Domain names registered by In Situ, S.A. may not be used in connection with products and services other than those belonging to the aforementioned company, and may under no circumstances be used in a way that may generate confusion amongst our customers or bring discredit to In Situ S.A.

 

Modification of Terms and Conditions

 In Situ S.A. reserves the right modify these Terms and Conditions at any time. Valid Terms and Conditions shall be those in effect at the time the user visits the website or places an order. This does not include those cases where by law or decisions adopted by government bodies we are obliged to apply changes retroactively, in which case, the possible changes shall also affect orders placed previously.

 

Law and jurisdiction

These General Terms and Conditions of Sale are subject to Spanish Law. In the event of any disputes, the parties shall submit to the exclusive jurisdiction of the Courts and Tribunals corresponding to the user’s address, expressly waiving the right to any others.

 

Privacy Policy

 Revised on 24/05/2018

 

COMPANY IN CHARGE

IN SITU, S.A.

PURPOSE

  • To offer our products, services and promotions
  • To manage the contractual relationship with our website customers for the sale of the TRUCCO products
  • To produce profiles

VALIDATION

  • Consent from individuals to receive offers for our products, services and promotions
  • Signing of the contract, if applicable, for the sale of products on our web site
  • Legitimate interest of IN SITU, S.A. with regards the profiling we undertake

RECIPIENTS

  • Other companies of the IN SITU, S.A. group
  • Service providers for our company who may be located outside the EU

 

RIGHTS

To access, amend and delete data, as well as other rights, as explained in the extra information  www.truccoshop.com/politica-privacidad

EXTRA INFORMATION

Extra and more detailed information on Data Protection can be found on our website www.truccoshop.com/politica-privacidad

 

In accordance with the General Data Protection Regulation (EU) 2016/679, we hereby inform you that the personal data you provide will be incorporated into a computerised file registered with the Data Protection Agency under the name of the company in charge of the data named below and created and used by the company for the purposes indicated below. The owner expressly authorises the company to transfer such data to third parties as described below, for the purposes indicated. You are hereby informed that you may exercise your rights to access, omit, limit the processing, portability, amend, contest and cancel your data by writing to the address stated in point 1.

This Privacy Policy regulates the navigation policy and the use of cookies, as well as the processing of personal data carried out on our website and from the subscriptions to our Club Estilo Loyalty Programme.

Using the website attributes the status of user and implies the knowledge and, if applicable, the acceptance of all the terms and conditions included in this Privacy Policy. Users should read this Privacy Policy carefully each time they intend to use the website, as it may be modified without prior notice.

WHO IS IN CHARGE OF PROCESSING YOUR DATA?:

The company in charge of processing your data is IN SITU, S.A. with registered address at calle Valportillo Primera, nº 2 in Alcobendas (Madrid) and with tax code A78234747

You can contact us through our email address: privacidad@trucco.es,or by writing to the address listed in the preceding paragraph or by telephoning 91 484 44 00

 WHY DO WE PROCESS YOUR PERSONAL DATA?

Your data is processed for the following purposes:

a)      To offer you our products, services and promotions when you subscribe to our Club Estilo loyalty programme at our establishments, by signing up for the newsletter on our website or by creating an account on our online sales platform.

In this case the data we process from individuals includes the following: Name and Surname, Address, ID number so we can identify you at our establishments if you wish without having to show your membership card, telephone number, email address and date of birth.

In this case the legal requirement for processing such data is to obtain the consent of the individuals and the data can be passed to other companies of the group of our company IN SITU, S.A. as well as to service providers dealing with data processing such as information technology providers (a platform provider for example, or a software provider), franchisees and suppliers in general in order to provide the service described at the beginning of this section (communications sending companies, profiling companies).

We retain the data as long as the data subject does not request its deletion.

With regards the website, browsing may be carried out completely anonymously and our web server will only keep a series of public and freely accessible data for strictly statistical purposes: the domain name or IP address of the Internet access provider, the date and time of access to our website and the Internet address from where the hyperlink to our website started. In certain areas of our website, the user is asked for a series of personal data. In all cases the user will always have the option of accepting or rejecting the legal terms and conditions under which they provide this data. If the user accepts the conditions, they will provide the data on a voluntary basis, after notification to that effect on the corresponding screen.

b)      To process and execute the online purchases of customers on our website, from the management of orders, payment administration, shipping the orders as well as resolving any incident that may occur within this area.

We will also process the data of individuals to contact them if they saved items in their shopping basket or in their wish list without actually purchasing them, so we can inform them of the availability of a product if they have requested it.

In this case the following data will be processed: ID, username and password, purchase history, email, IP address, date of abandonment, date of registration on the website.

The legal basis for processing this data is the contractual relationship maintained with customers. In this case, the data subject must provide the data necessary for the execution of the contract. If the data subject does not provide this data, they will not be able to purchase items.

We retain data only for the time necessary to carry out the purchase process if the purchase is not completed via a user account. In the event that under the contract the customer makes their purchase via a user account as they are registered, we will keep the data as long as the data subject does not request its cancellation. In all cases, in accordance with the legal obligations with which we must comply at all times, we will keep the data relating to the sale.

The data may be passed to companies belonging to the same group as our company IN SITU, S.A. as well as to service providers dealing with data processing such as information technology providers (a platform provider for example, or a software provider), franchisees, transport companies, payment service providers and third parties in general in order to provide the service described at the beginning of this section (online purchase and sale).

 c)      Use of technical and functional applications such as cookies.

We may sometimes use a technology called cookies to provide a range of personalised contents and/or services. A 'cookie' is a small element of data that a website can send to the user’s web browser. In turn, this element can then be stored on the hard drive of the user’s computer so that we can recognise the user when they return to our website. The user will always have the option of specifying, in the preferences section of their browser, that they want to receive a warning before accepting any cookie. Each cookie will store the following data: the date and time of the user’s most recent visit to our website, the content design that the user chose on their first visit to our website and the security elements involved in controlling access to the restricted areas. To learn more, please read our Cookies Policy

The legal basis for the use of such techniques is our legitimate interest in providing a secure website or platform that functions correctly. In all cases, we understand that if individuals use our services, it is because they accept the use of these cookies.

The personal data processed for this purpose will only be disclosed to providers of platform analysis and optimisation tools.

For this purpose we only retain the data as long as the data subjects do not delete the cookies by changing their computer settings as described here. https://truccoshop.com/politica-cookies If the cookies are deactivated, the user will not be able to enjoy all the characteristics of our website.

 d)      Profiling.

IN SITU, S.A., applies profiling techniques to data such as name and surname, gender, email, postal address, telephone number, date of birth, description of preferences, order details and purchase history and the information compiled during the navigation process…., to evaluate certain aspects of consumers to analyse or predict their purchasing preferences, their interests and location. Based on this assessment, we send consumers communications and/or content adapted to suit their interests. So, for example, based on the location of consumers, we may send invitations out for in-store events or specific promotions.

The legal basis for this profiling and other techniques used to produce statistics is our legitimate interest in knowing the purchase needs of consumers, their level of satisfaction and that this helps our company to improve the products we offer and also the sales service we provide.

We retain the data as long as the data subject does not object.

We do not make automated decisions based on the profiles compiled.

e)      Customer service

In order to respond to any request, incident or complaint raised by the consumer we process the following data: name and surnames, email, postal address, telephone number, payment history and information, ID, correspondence with consumers.

The legal basis for such processing is our legitimate interest in responding to such requests from the data subjects as well as our obligation to fulfil the contractual relationship with our customers’ customers (for example, if there is a problem with the order).

We will keep this data only for the period of time reasonably necessary to respond to the questions above or to resolve any problems that may arise in the event that the individual is not a member of our Club Estilo or does not have an account on our online platform. Otherwise, the data will be kept until the individual cancels their registration to the website, notwithstanding the fact that in accordance with the requirements of the applicable regulations, we will keep any data required by law or data which may be necessary for our legitimate interest to defend the company against any possible claims.

 WHAT ARE THE LEGITIMATE REASONS FOR PROCESSING YOUR DATA?

As we have explained, we process your data for the following legitimate reasons:

 TO WHOM WILL YOUR DATA BE SENT?

In response to this question, the personal data of individuals may be transferred and/or disclosed to:

We do not sell your personal data.

  RIGHTS

The rights of those concerned are:

 

You can contact us through our email address: privacidad@trucco.es, by writing to the address at calle Valportillo Primera, nº 2 in Alcobendas (Madrid) or by telephoning (+34) 91 484 44 00