1. General Aspects

These general terms and conditions apply to all commercial transactions made in our online store, https://waverk.com, hereinafter referred to as The Seller. For more information about The Seller and our Privacy Policy, please see the Legal Notice located at the footer of this store.

These legal conditions are adapted to the various legal norms related to the virtual sale of products and services, such as Law 7/1996, of January 15, on the Regulation of Retail Trade (amended by Law 47/2002); Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, (amended by Royal Decree-law 13/2012, of March 30); Royal Legislative Decree 1/2007, of November 16, consolidated text of the General Law for the Defense of Consumers and Users; Law 3/2014, of March 27, amending the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, Law 44/2006 of December 29, on the Improvement of the Protection of Consumers and Users; Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions; Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and on the free movement of such data; the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD); Law 56/2007, of December 28, on Measures to Promote the Information Society; Law 29/2009, of December 30, amending the legal regime of unfair competition and advertising to improve the protection of consumers and users; General Law 32/2003 on Telecommunications (amended by Royal Decree-law 13/2012, of March 30).

The Seller reserves the right to modify these General Conditions, in order to adapt them to the current applicable legislation at any time, jurisprudential novelties, and usual market practices.

We ask that you carefully read these Purchase Conditions and our Privacy Policy before placing an order. If you do not agree with all the Purchase Conditions and the Privacy Policy, you should not place any order.

Only individuals with sufficient legal capacity to enter into contracts regarding the type of goods and services presented on this website can place orders in the online store.

By providing their data, the User accepts the legal conditions, and the online store's privacy policy.

The User agrees to use the online store in accordance with the Law, the general conditions of use, the Legal Notice, and other notices, regulations of use, and instructions made known to them.

The User undertakes to use the Content diligently, correctly, and lawfully and, in particular, commits to refrain from (a) using the Content in a way, for purposes, or effects contrary to the law, morality, and generally accepted good customs or public order; (b) reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the Content, unless they have the authorization of the holder of the corresponding rights or it is legally permitted; (c) deleting, bypassing, or manipulating copyright and other identifying data.

It is prohibited to carry out without the due authorization any type of advertising or commercial information directly or covertly, the sending of mass emails ("spamming").

Likewise, it is prohibited to perform actions that may produce in the online store or through it by any means, any type of damage to the systems of the Seller, or of its legitimate holders or third parties.

Any link made with the content will require the prior consent of the Seller and must allow, through the appropriate display, the identification of its origin. The use of this information on other Internet sites will require express authorization.

The Seller reserves the right to deny or withdraw access to the online store and/or the services offered without the need for prior notice, at any time, to those users who violate the General Conditions or infringe any of the precepts established by Law 34/2002, of July 12, on Information Society Services and Electronic Commerce.

2. User Registration

Access and use of certain services offered on the Website require prior user registration through a registration form. The data provided by users in said form will be incorporated into an automated processing system owned by The Seller. This processing will be subject to current regulations on data protection.

Users who contract services through the site https://waverk.com acknowledge that they are of legal age. Contracting carried out by minors requires prior authorization from their parents, guardians, or legal representatives, who will be considered responsible for the contracting carried out by the minors under their care.

3. Website Owner Identification

The ownership of this website belongs to the company SERLEX COSMETICA, S.L., with Tax ID (CIF): B-09765736, and registered office at AVDA DE LA LLANA, NUM 109- 08191 RUBÍ (BARCELONA), email address info@waverk.com.

CUSTOMER SERVICE

For any incident, claim, or to exercise your rights, the User may send an email to the electronic address info@waverk.com.

4. Activity

Cosmetic and Hairdressing Products.

5. Content and Information Provided on the Website

The Seller reserves the right to modify the commercial offer presented on the website (changes to products, prices, promotions, and other commercial and service conditions) at any time. The Seller makes every effort within its means to offer the information contained on the website truthfully and without typographical errors. In the event that at any time such an error occurs, which is at all times outside the will of The Seller, it will be immediately corrected. If there is a typographical error in any of the prices shown and a customer had made a purchasing decision based on that error, The Seller will inform the customer of the error, and the customer will have the right to cancel their purchase at no cost on their part.

The contents of The Seller's website could, on occasion, display provisional information about some products. In the case that the information provided does not correspond to the product's characteristics, the customer will have the right to cancel their purchase at no cost on their part.

The Seller is not responsible, either directly or indirectly, for any of the information, content, statements, and expressions contained in the marketed products. Such responsibility rests at all times with the manufacturers of said products. The customer understands that The Seller is an intermediary between them and said manufacturer.

6. Sales System

To make a purchase, the user can send us their order by using the "shopping cart" available in the virtual store. The purchase process is very simple, and the user will be guided at all times through the process. The stages of the purchase are as follows:

1. Choose a product category.
2.  View the product you are interested in. By clicking on each item, you can expand the information with more images, descriptions, features, colors, availability, etc.
3. Select and add the item to the basket. Then you can choose to continue shopping or proceed to checkout.
4. If you want to continue shopping, repeat the process. To access the purchase, you must register as a user by entering your data. If you are already registered on the website, you only need to enter your email and password as the system will retrieve your data.
5. Review your shopping cart through the previous option or from any page by clicking on “cart” located on the right side of the screen. You will see a detailed list of chosen items, being able to add or remove as you wish. The total purchase amount, including shipping costs, will be displayed.
6. Check that the data you have entered is correct and click "buy." Make sure the shipping and billing addresses are correct.
7. Select a payment method.
8. Confirm the order.
9. You will receive an email confirming your order.

7. Prices and Applicable Taxes

The prices of the products displayed on The Seller's website include the Value Added Tax (VAT) that, if applicable, should be applied, as well as shipping costs, which will appear at the end of the order. Prices are shown in € (euros).

Purchases to be delivered within the territory of any of the member states of the European Union will be subject to VAT. Purchases that must be delivered in territories of non-member states of the European Union, or in the Canary Islands, Ceuta, or Melilla, will be exempt from VAT.

The price of each product will be as stated at any given time on our website, except in the case of a manifest error. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we cannot contact you, the order will be considered canceled and all amounts paid will be fully refunded.

We shall not be obliged to supply any product at the incorrect lower price if the error in the price is obvious and unmistakable.

8. Payment Method

The Seller offers Users and buyers the possibility to choose among the following payment methods:

• Credit or Debit Card

The customer will be directed to the secure page of our banking entity under which the data of their credit card travel encrypted using SSL, not storing any data of the card.

• PayPal

This electronic payment system, widely used among Internet users worldwide, also ensures the appropriate use and confidentiality of your banking data. To pay for your purchases through this system, you must have a PayPal account. For more information, visit the following link: http://www.paypal.es.

9. Shipping Methods, Delivery Times, and Shipping Costs

Shipping Conditions, Delivery Times, and Modes

We ship worldwide. On the peninsula, shipments are between 24-48 hours if the order is placed before 2 p.m., Barcelona time. For shipments outside the peninsula, the shipping price should be calculated using the button provided for this purpose in the Shopping Cart. Shipping outside the Iberian Peninsula is not done within 24-48 hours. Shipments to the Canary Islands, Europe, and other countries outside the European community may experience delays due to customs issues.

It should be noted that the transport company does not make deliveries on weekends. When placing the order, we will provide you with a tracking number. If your order is delayed, please send us an email at info@waverk.com, and we will check the status of your order. Any orders received during the weekend (Friday from 2 p.m., Saturdays, Sundays, and holidays) will be shipped on the next business day.

Shipments in Spain are free for orders over €20. The shipping cost will be automatically discounted during the purchase process.

All orders made through the website are subject to product stock availability.

If for some reason we could not meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or canceling the order with a full refund of the price paid.

If the order consists of several products and some or all of them could not be served, and their arrival is expected shortly, the delivery of the entire order will be delayed a few days. Otherwise, we will send it within the indicated period and later send the rest at paid postage.

Products will be shipped through the transport company that best fits the destination (peninsular shipment only) and through Correos de España (Peninsula, Balearic Islands, and Europe).

If the customer resides outside of Spain, they can also receive their order through registered mail. For Europe, the approximate delivery time is 5-10 working days. For the rest of the world, it depends on the destination country.

Shipping costs are specified when placing the order based on weight, volume, and destination.

Important information for shipments to the Canary Islands, Ceuta, and Melilla, and countries outside the EU: The recipient of a shipment to these destinations must pay the local import duties and customs taxes (not included in the shipping price), as according to current legislation, the recipient of the order becomes the importer of the goods. If the merchandise is returned to us because it was not managed or accepted by the recipient, we will only proceed with the refund of the product amount, not the shipping costs.

If customs charges occur, they will be borne by the customer.

To track your order, you can follow it through the link provided with the shipping confirmation email. You can also log in at www.waverk.com using the email and password you used to make your purchase.

The customer commits to facilitating the delivery of the requested order by providing a delivery address where the requested order can be delivered within the usual delivery hours mentioned above. In case of non-compliance by the customer with this obligation, The Seller will have no responsibility for the delay or impossibility of delivering the order requested by the customer.

The purchase will be delivered to the shipping address that the customer has provided (home, work, etc.). Orders will not be delivered to PO Boxes, hotels, or other non-permanent addresses. A delivery address different from the customer's address may be indicated.

In the exceptional case that you have received a defective item, you should contact us at the email address info@waverk.com, and we will solve the problem as soon as possible.

10. Purchase Rights and Return Policy

According to Article 103(e) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

The right of withdrawal shall not apply to contracts that refer to:

e) The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

However, you exclusively have the right to withdraw from this purchase contract within 14 calendar days provided the following conditions are met:

• It is not the product you wanted.
• The product has confirmed defects.

If you are not satisfied with your purchase, you have 30 working days from the moment you place your order to request an exchange or a return. All products must be returned intact, unworn, with all their tags and original packaging, and adequately protected during shipping. The customer is responsible for the shipping costs generated in the return or exchange. We do not offer free shipping on returns.

To proceed with the return for the reasons mentioned above, the customer must communicate it in writing within 30 calendar days from the order date of the merchandise. After this period, no returns will be accepted.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or to our email address info@waverk.com).

If it is a refund, you will receive the total amount of the items (the shipping cost will not be returned). The refunded amount will be made via PayPal if the payment was made with this method or by bank transfer if the payment was made with a card. We are not responsible for the loss of items during their return.

If you have requested a change in your order, we will process it as quickly as possible and contact you. Refunds will be processed shortly after receiving the order back.

Remember, to make a change or a return, you have to send an email to info@waverk.com with the name with which you placed the order, email, order number, and the items you want to return. As well as the reason for the return.

If a custom order is canceled in the middle of the manufacturing process, the customer will bear all expenses incurred up to the moment the cancellation is indicated in writing.

If a product different from the one requested by the customer was delivered by error of The Seller, it will be withdrawn, and the correct product will be delivered without any additional charge for the buyer. However, if after returning the wrong product, The Seller detects that the returned merchandise had some damage or breakage, the Customer must compensate The Seller for the amount corresponding to such damage, deducting The Seller said amount from what would have to be reimbursed to the user as a result of the withdrawal.

Return shipping costs will be borne by The Seller only if the request for withdrawal is due to confusion of the article or defective article.

Once the merchandise to be returned is received, we will proceed to examine the returned product carefully and will communicate by email within a reasonable period whether the return or replacement of the same (if any) proceeds. The return or replacement of the item will be made as soon as possible and, in any case, within 14 days following the date on which we send an email confirming that the return or replacement of the non-conforming item proceeds.

We will proceed to make such a refund using the same means of payment used by you for the initial transaction unless you have expressly provided otherwise.

For any incident related to the return of items from our store, you can contact our Customer Service Department via email: info@waverk.com.

11. Customer Obligations

The customer commits at all times to provide truthful information regarding the data requested in the user registration forms or during the order process, and to keep them updated at all times.

The customer agrees to accept all the provisions and conditions included in these General Contracting Conditions, understanding that they reflect the best possible service intention for the type of activity carried out by The Seller.

Additionally, the customer commits to keep their personal access keys to our website confidential and with the utmost diligence.

The customer agrees to enable the delivery of the requested order by providing a delivery address where the order can be delivered within the usual delivery schedule by the courier service. The mailbox must correctly display the personal delivery details so the courier can clearly identify the recipient.

In case of non-compliance by the customer with this obligation, The Seller will have no responsibility for the delay or impossibility of delivering the order requested by the customer.

12. Complaints and Claims

The User may send their complaints, claims, or any other comments they wish to make to the Seller via our email address info@waverk.com.

Additionally, the Seller has official complaint forms available for consumers and users, which they can request from the Seller at any time via our email address info@waverk.com.

Furthermore, if a controversy arises from this purchase contract between the Seller and the User, the User as a consumer may request an extrajudicial resolution of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes. This method can be accessed through the website: http://ec.europa.eu/consumers/odr.

13. Applicable Legislation and Jurisdiction

The access, browsing, and/or use of this online store and the purchase contracts for services and/or products through it will be governed by Spanish law.

Any controversy, problem, or disagreement that arises or is related to the access, browsing, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between the Seller and the Customer, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

Appendix:

IDENTIFICATION AND CONTACT DETAILS OF THE DATA CONTROLLER.

• BUSINESS NAME: SERLEX COSMETICA SL
• TAX ID (CIF): B09765736
• ADDRESS: AVDA DE LA LLANA, NUM 109
• 08191-RUBÍ - BARCELONA
• Email: info@waverk.com

PURPOSES OF PROCESSING PERSONAL DATA.

The DATA CONTROLLER will use the personal data provided for the following processing purposes:

• To provide the services requested by the INTERESTED PARTY.
• To carry out the commercial, accounting, and administrative management of the data provided.
• To manage the orders received through our online store.
• To attend to information requests.
• To keep you informed of future promotions, news, and updates related to our products and services.

Failure to provide the requested personal data or not accepting this data protection policy makes it impossible to carry out the provision of services requested by the INTERESTED PARTY.

The personal data provided will be kept as long as the INTERESTED PARTY does not request their deletion or cancellation and as long as they are adequate, relevant, and limited to what is necessary for the purposes for which they are processed. In this case, the data provided will be kept while the contractual relationship is maintained, or for the period necessary to comply with legal obligations. Fair and transparent data processing is guaranteed.

LEGAL BASIS FOR PROCESSING

The legal basis for processing the data requested and collected by THE COMPANY will be as follows:

• In the case of data collection through contact channels enabled on the website, including web forms, the legal basis for processing is based on the consent of the interested party. For this purpose, each form will include a checkbox where such consent is requested, informing of the existence of the legal notice and this privacy policy, and providing access to both.
• In the case where there is a contractual or pre-contractual relationship between THE COMPANY and the INTERESTED PARTY, the legal basis for processing the provided data is based on the consent of the interested party as well as on the execution of a service contract.

We use our social media accounts to inform about our activities and interact with our followers. Access and use of THE COMPANY's official pages are subject to compliance with the conditions.

TRANSFER OF USER'S PERSONAL DATA TO THIRD PARTIES

In no case will we transfer your data to third parties without previously informing you and requiring your consent, although there are companies with which it is necessary to share your data for the shipping and delivery of your order, such as transport, courier, messaging, and/or logistics companies.

THE COMPANY informs the INTERESTED PARTY that any data transfer that must be made will be brought to their attention by informing them expressly, precisely, and unequivocally of the recipients of the information, the purpose for which the data will be used, and the nature of the transferred data and, where legislation requires it, explicit, unequivocal, specific, and informed consent will be requested from the INTERESTED PARTY beforehand.

ONLINE STORE USER REGISTRATION:

The site has a public area, accessible to anyone who accesses it, and has private areas, accessible only when the USER has registered in the online store; in this case, the USER must keep the access password strictly confidential. For this purpose:

• The access profiles and passwords used must be confidential, personal, and non-transferable. The password holder is responsible for its use.
• The user must not store their access key in a readable form in files on disk, paper, or any other type of support where it can be accessible.

The user will change the password in the following circumstances:

• Whenever there is suspicion that its security may have been breached.
• Whenever it is known by another user or there is suspicion that it may be known.

As a result of the above, it is the USER's obligation to immediately notify the website managers about any fact that allows the misuse of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. Until such events are communicated, THE COMPANY will be exempt from any responsibility that may arise from the misuse of identifiers or passwords by unauthorized third parties.

MINORS

Access and use of the portal by minors without the express consent of their parents are prohibited. THE COMPANY is not responsible for the veracity and accuracy of the data filled out by the USER and, therefore, cannot verify their age.

INTERNATIONAL DATA TRANSFERS

We use MailChimp as our marketing automation platform and for sending advertisements. By accepting our privacy policy, you understand that the information you provide will be transferred to MailChimp for processing in accordance with their Privacy Policy and terms. https://mailchimp.com/legal/terms/.

EXERCISE OF RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION OR ERASURE, OPPOSITION, RESTRICTION OF PROCESSING, AND DATA PORTABILITY

We inform you that the rights of access, rectification, erasure, restriction of processing, opposition to processing, as well as the right to data portability can be exercised before the Data Controller by any legally recognized means, accompanied by a copy of an official document that identifies you, by addressing: SERLEX COSMETICA SL, with postal address AVDA DE LA LLANA, NUM 109 - 08191 RUBÍ (BARCELONA), or by sending a message to the email address info@waverk.com, according to the terms established by the applicable regulations. If you consider that the processing does not comply with current regulations, you may file a complaint with the control authority at agpd.es.

The request must include the name, surname of the INTERESTED PARTY, a copy of the ID, and, in cases where it is admitted, of the person representing them, as well as proof of representation, the request specifying the petition, address for notification purposes, date and signature of the applicant, and supporting documents of the petition made. If the request does not meet the specified requirements, its correction will be required. Regarding the right of access, it will only be denied when the request is made by a person different from the affected party. No compensation will be demanded for the exercise of the rights.

In the case that consent has been given for a specific purpose, the right to withdraw such consent can be exercised at any time, without affecting the lawfulness of the processing based on consent prior to its withdrawal.

The INTERESTED PARTY is informed of the right to file a complaint with the Spanish Data Protection Agency (AEPD) and/or request its protection, in particular, when they consider that they have not obtained satisfaction from THE COMPANY, in the exercise of their rights, through the electronic headquarters of its website (www.agpd.es), or by writing to its postal address (C/Jorge Juan, 6, 28001-Madrid).

The INTERESTED PARTY declares to have been informed of the conditions on Personal Data Protection in the terms established in Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council, relating to the protection of natural persons with regard to the processing of personal data, granting their consent for the processing of their personal data in relation to the purposes previously described, in the manner and for the purposes indicated in this Privacy Policy.

THE COMPANY reserves the right to modify its data protection policy according to its criteria, or because of a legislative change, jurisprudential change, or change in business practice.

If THE COMPANY includes any modification, the new text will be published on this same Website, where the INTERESTED PARTY can be aware of the current data protection policy.